The consideration of criteria’s imposition of punishment provided in Part 3 of Art 60 of Criminal Code in judicial practice
The article researches the criteria’s imposition of punishment provided in Part 3 of Art. 60 of Criminal Code of the Russian Federation and the judicial practice of its consideration. The author points out the existence of two independent criteria’s imposition of punishment, which are the nature and degree of social danger of the crime (the severity of the offense) and the personality of the perpetrator. All other circumstances (mitigating, aggravating, living conditions of the family of the defendant), named in Part 3 of Art. 60 of the Criminal Code of the Russian Federation, only specify the two named criteria. The reference in the law for consideration of the purpose of correcting a convict does not refer to the criteria for choosing a punishment at all, but characterizes its purpose (moreover, it is incomplete). Particular attention is drawn to the existence of other circumstances, not related to mitigating or aggravating, which the court must consider, as characterizing the severity of the offense and (or) the identity of the perpetrator (for example, personal data are positive or negative characteristics of the defendant at the place of work or residence).