PUNISHMENT OF PUNISHMENT FOR COMMITMENT OF CRIMES AGAINST SEXUAL INVALIDITY AND SEXUAL FREEDOM OF THE PERSON
St. Petersburg University of the Ministry of Internal Affairs of Russia (St. Petersburg, Russia), lecturer at the Department of Criminal Law
The article deals with the problems of sentencing for the commission of crimes against sexual inviolability and sexual freedom of the individual. A complete and accurate clarification of all the circumstances of the commission of a crime in all its manifestations and nuances, as well as the most detailed clarification of the consequences of the crime, its social danger and the identity of the guilty person is the basis for the appointment of a fair punishment to the guilty person. At the same time, in order to make a legal and well-founded decision on the case, it is necessary, regardless of the category of the criminal case, its nature, circumstances the incident, the personalities of the victim and the guilty person, take into account all the circumstances provided for in Article 61 of the Criminal Code of the Russian Federation – «Circumstances mitigating the punishment». Without taking into account all the circumstances mitigating the punishment, the imposed punishment will not meet the requirements of Art. 60 of the Criminal Code of the Russian Federation, which establishes the general principles of sentencing. Wherein it should be noted that non-compliance with the requirements of Art.
60 of the Criminal Code of the Russian Federation also entails a violation of human and civil rights established by part 1 of Article 45 of the Constitution of the Russian Federation, according to which state protection of human and civil rights and freedoms in the Russian Federation is guaranteed, as well as part 1 of Article 46 of the Constitution of the Russian Federation, according to which everyone is guaranteed judicial protection of his rights and freedoms.
qualification of crimes; sexual inviolability of the person; sexual freedom of the person; circumstances of the incident; the social danger of the crime committed; the consequences that have occurred; admission of guilt; the principle of justice; the appointment of a just punishment.