Implementation of the principle of justice in the appointment of punishment by minors

2021;
: 193-196

Marysyuk K. "Implementation of the principle of justice in the appointment of punishment by minors"
http://science.lpnu.ua/law/all-volumes-and-issues/volume-8-number-230-20...

1
Lviv Polytechnic National University, Institute of Jurisprudence and Psychology

Тhe article is devoted to the analysis of the principle of justice in sentencing minors. It is established that the legislator has provided for a significant mitigation of the legal consequences of criminal offenses committed by persons under the age of eighteen. This also applies to the imposition of punishment, a special section of which is devoted to the peculiarities of the Criminal Code of Ukraine. This is due to the fact that minors are characterized by lack of life experience, instability of mental processes (thinking, memory, imagination, attention, perception, etc.), as well as other features that distinguish a minor from an adult. Therefore, it is unfair to equate a minor and an adult when sentencing them for a criminal offense. It is proved that the normative requirements for sentencing minors have certain features in comparison with the requirements for sentencing adults. However, this does not violate the principles of sentencing, in particular the principle of justice, but only strengthens it and specifies in relation to a certain category of persons – minors, based on their age and psychological characteristics. When it comes to a juvenile offender, only on the basis of the study of all the circumstances of the act and comprehensive consideration of the characteristics of his person can ensure the appointment of a just punishment

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