THE CRIMINAL LAW NATURE OF EXEMPTION FROM PUNISHMENT BASED ON PERSONAL CIRCUMSTANCES
Keywords:
Exemption from punishment, personal circumstances, criminal law, conditional sentencing, parole, replacement of punishment with a lighter one, social danger, repentance, principle of humanism, judicial practice.Abstract
This article provides a scientific analysis of the criminal law nature of exemption from punishment based on personal circumstances. The types of this institution, its legal grounds, and conditions for application are comprehensively examined. In particular, such grounds as the loss of social danger of the individual, sincere repentance, conditional sentencing, parole (early conditional release), replacement of punishment with a lighter one, as well as exemption from punishment due to illness or loss of working capacity are analyzed. The article also highlights the relationship of this institution with the principles of humanism and justice and proposes solutions to problems arising in judicial practice.
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