| Popis: |
The judicial practice of sentencing is analyzed in the case when a criminal offense has serious consequences that are outside the objective side of a certain socially dangerous act. Given the evaluative nature of this circumstance and the lack of legislative explanation of its content, there are typical mistakes that courts make in classifying the serious consequences of the crime as an aggravating circumstance. The order of sentencing in the case when the death of the victim was caused by a criminal offense, property damage in large or especially large amounts, etc. was investigated. The procedure for distinguishing serious consequences as an aggravating circumstance and as a mandatory feature of the objective side of the relevant criminal offense is analyzed. It is established that in some cases the task of a serious criminal offense requires additional qualification under other articles of the Criminal Code of Ukraine. The article proposes the criteria with serious consequences of the crime should be considered as an aggravating circumstance. It is established that the grave consequences caused by the crime as an aggravating circumstance do not form a new basis for criminal liability, as the court imposes punishment within the sanction of the article. Also, when the court decides the issue of criminal responsibility of the perpetrator, the signs of the composition of the criminal offense will be crucial, and not the presence of aggravating circumstances. After all, the court must impose a penalty within the limits provided by the sanction of the article containing the elements of a particular offense. It is argued that the main feature that distinguishes serious consequences from other criminal offenses and from other aggravating circumstances is the significance of these circumstances, i.e. the significant strength of influence compared to other circumstances that characterize the severity of the crime and the perpetrator. Recognition of certain consequences as grave and classifying them as aggravating circumstances belongs to the court, which must thoroughly examine the evidence of the occurrence of such consequences and make a final decision. |
