Verdict In Terms Of Criminal-Legal, Criminal Procedure And Penal Policy

  • M.O. Krasii
Keywords: verdict, conviction, sentence of acquittal, validity, presumption of innocence.

Abstract

In the article the verdict in terms of criminal-legal, criminal procedural and penal policy. Much attention is paid to the concept of judgment, sentencing, purpose, and fulfillment of sentence after sentence. Determined that in making sentencing court must consider the gravity caused, the degree of guilt, the circumstances that improve or worsen the situation of the defendant if available.

The author proposed to supplement paragraph 1 of Article 3, paragraph 27 of the Criminal Procedure Code of Ukraine, explaining the concept of «judgment.» Proved something related to the reduction of acquittals in Ukraine.

It is noted that the court shall render a guilty verdict if the defendant's guilt has been proven in court, if guilt was not proven - acquittal.

The article shows the relationship between the substantive law and procedural law procedure, paragraph 10 of article 537 of the Criminal Procedure Code regulated the issues that are resolved by the court during the execution of the sentence in paragraph 2 of Part 2 of Article 539 of the Criminal Procedure Code defines the procedure for filing a request for the issue related to the execution of the sentence.

The author believes that research should solve the problem and to develop a common approach which would have combined the stories of the Criminal Procedure Code, not only with the provisions of the Criminal Code, but also with the provisions of the Penal Code.

Published
2020-01-19