General principles of sentencing and specific features of sentencing for criminal offences

Abstract

  The article is devoted to the issues of sentencing, which occupy a special place in the activities of the court on the application of criminal law measures to persons who have committed a criminal offense, and to identifying the impact of the science of criminal law on the level of legal regulation of the Institute of sentencing in the Criminal code of Kazakhstan in 2014. Touching upon the problem of the subjects and the object of punishment, the author dwells in detail on the requirements of the General principles of punishment: the appointment of a person found guilty of a criminal offense, a fair punishment; compliance with the legal limits of punishment; ensuring the appropriateness of the punishment; economical purpose of punishment; individualization of punishment by taking into account the individual characteristics of the criminal offense and the person who committed it. Critical remarks are made about the position of scientists who overly interpret the content of these legislative requirements. An analysis of
the General rules on sentencing has allowed the author to conclude that, with the introduction of the
category of criminal offence, the institution of sentencing has not been radically revised. At the same
time, the norms of the criminal law, fixing the list of mitigating circumstances and regulating the rules
of sentencing for a set of criminal offenses, in terms of sentencing for criminal offenses have separate
features. According to the author, only taking into account these peculiarities, along with the traditional
requirements of the national criminal legislation for General purposes, can ensure the appointment of a
fair, legal and justified punishment for criminal offenses.
Key words: misdemeanors, punishment system, criminal offense, types of punishment, practice of
imposing punishment