On Taking into Account the Victim’s View in The Process of Differentiation and Individualization of Criminal Punishment
Kruglikov L.L. On taking into account the victim’s view in the process of differentiation and individualization of criminal punishment. Penitentiary science, 2022, vol. 16, no. 2. (58), pp. 161–165. 10.46741/2686-9764.2022.58.2.005.
Introduction: the article analyzes the legal position of the Supreme Court of the Russian Federation on the question of the permissibility (inadmissibility) of taking into account the victim’s view (his/her legal representative) when sentencing by the court. Purpose: based on the analysis of Articles 61 and 63 of the Criminal Code of the Russian Federation and identification of features of their practical application, to show the need to take into account views of the parties when imposing punishment. Methods: comparative legal, interpretation, as well as private scientific – legal-dogmatic and method of interpretation of legal norms. Results: it is doubtful when the court takes into account the victim’s view (his/her legal representative) as either an aggravating or only mitigating circumstance, since the criminal law (articles 61, 63 of the Criminal Code of the Russian Federation) does not classify it as either aggravating or mitigating. At the same time, the list of aggravating circumstances to date is exhaustive and cannot be interpreted broadly. At the same time, judicial practice knows cases of considering other circumstances not provided for in Article 63 of the Criminal Code of the Russian Federation for strengthening punishment, and Part 2 of Article 61 of the Criminal Code of the Russian Federation stipulates that other mitigating circumstances may be taken into account when imposing punishment. Conclusion: the court should always take into account the position of the parties in the criminal process, including when imposing a more or less severe punishment. In this regard, there is a need for clarification by the Plenum of the Supreme Court of the Russian Federation of the corresponding duty of courts when they make decisions on criminal cases.
Keywords: criminal punishment; differentiation and individualization of punishment; position of the Supreme Court of the Russian Federation; opinion of the victim; mitigating and aggravating circumstances.
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