Attributes and grounds of criminal responsibility.
Criminal responsibility isa type of legal responsibility, which is set by a state in the criminal law, is laid on a person, who is guilty in the commission of a crime, by a court and must be punished.
The attributes of criminal responsibility:
1. Criminal responsibility is the type of legal responsibility, which is used on behalf of the state.
2. Criminal responsibility is determined only by a court and only to the guilty person in the commission of the crime.
3. Criminal responsibility has the personal (for example, imprisonment for a definite period), property (for example, confiscation of property) and organizational (for example, deprivation of the right to take certain positions) character.
4. The subjects of criminal responsibility can be only a natural person, who attained 16, and 14, when it is foreseen by the Criminal code of Ukraine.
5. Criminal responsibility has the personal character, it is used only to the criminal and not transferred on other people.
6. Criminal responsibility is based on presumption of innocence. It means, that the person is unguilty to the moment, while the guilt of this person will not be proved (established) in a court and it is set by the verdict (sentence) of the court.
Grounds of criminal responsibility are conditions, at presence of which, the criminal responsibility is possible.
Ground of criminal responsibility is committing of a crime by a person. The juridical ground of criminal responsibility is a verdict of a court.
A n otion, aims and types of the criminal punishments.
Punishment is the compulsion, which is used on behalf of the state on the base of a sentence of a court to a person, who is guilty in commission of a crime, in the form of limitation of rights and freedoms of a criminal in accordance with the law.
Punishment has the aim not only to punish but also correct the offender, and also prevent commission of the new crimes by the convict and other people. Physical suffering may not be used to the people and their human dignity may not be humbled too.
All criminal punishment are divided into basic, optional and mixed.
The following types of punishment can be applied to individuals who were found guilty of committing a crime by a court:
1) penalty (fine);
2) reduction in the military or special rank, title or a qualification class;
3) depriving of the right to take certain positions or to perform certain activities;
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4) public works;
5) correctional works;
6) service restriction for military personnel;
7) confiscation of property;
8) arrest;
9) personal restraint;
10) retention in a disciplinary battalion for military personnel;
11) imprisonment for a definite period;
12) life imprisonment.
There is no death penalty in Ukraine.
A person who committed a crime except punishment has a conviction.
The person has a conviction from the day of entering into legal force the sentence of the court till the day of cancelation or abatement of this conviction. Previous conviction has a legal value in case of commission of a new crime.
9. The c ircumstances, which mitigate criminal punishment:
1) giving oneself up, sincere repentance or active assistance to crime detection;
2) the voluntarily compensation of damage to the inflicted person or removal of the caused harm;
3) commission of crime by a minor;
4) commission of crime by a woman in a state of pregnancy;
5) commission of crime as a result of combination of events - the grave personal, family or other circumstances;
6) commission of crime under an act of threat, compulsion or through material, official or other dependence;
7) commission of crime under the act of the strong emotion, which was caused by the wrong or amoral acts of the victim;
8) commission of crime with exceeding of the limits of absolute necessity;
9) execution of the special task of prevention and detection of criminal activity of the criminal group or organization, when this execution is connected with commission of a crime in cases, which are foreseen by the Criminal code of Ukraine.
10. The circumstances, which aggravate criminal punishment:
1) commission of crime by a person repeated offence and relapse of crimes;
2) commission of crime by the group of people on a previous agreement;
3) commission of crime on the base of racial, national or religious enmity or discord;
4) commission of crime in connection with the implementation of the official or public duties by the victim;
5) heavy consequences inflicted by a crime;
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6) commission of crime in relation to a very young, an old person or a person, who is in the helpless state;
7) commission of crime in relation to a woman, who was in the state of pregnancy, and a criminal knew about it;
8) commission of crime in relation to a person, who is in material, official or other dependence of an offender;
9) commission of crime with use of a very young person or a person, who suffers psychical disease or imbecility;
10) commission of crime with the special cruelty;
11) commission of crime with use of the conditions of the military or extraordinary state, other extraordinary events;
12) commission of crime by general dangerous method;
13) commission of crime by a person, who is in the state of alcohol intoxication or in the state, which was caused by the use of drugs or other intoxicated substances .
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