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Publication date: 19.05.2024
The Court of Cassation of Ukraine: How Sentences Change for Persons Convicted Before Actual Serving of Punishment
The Ukrainian legal system is constantly developing and adapting to new challenges. One of these important aspects is the order of execution of sentences in the case when a person has already been sentenced to actually serve a sentence, and then becomes guilty of other criminal offenses. Sentences in such situations must be carried out independently, this is established by the conclusion of the joint chamber of the Criminal Cassation Court (CCC) as part of the Supreme Court.
According to the resolution dated April 1, 2024, which refers to case No. 183/6854/20, a person who was sentenced to a sentence that was decided to be actually served, and then was found guilty of other crimes as well, new sentences are carried out regardless of the previous ones.
What the Court of Cassation Changes:
According to the conclusion of the Supreme Court, the court does not have the right to change the punishment that was imposed by the previous sentence for a separate crime. Duplication of this punishment in a new sentence is also not allowed. In these cases, the principles of absorption of the assigned punishments are applied.
New Practice of Execution of Sentences:
An important feature of sentencing for a set of criminal offenses is that if a person is sentenced to actual punishment, and then released from serving it with probation under a new sentence, the previous sentence is not changed. Each sentence is executed independently.You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal situation analysis, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Importance of Legal Presumption:
In such situations, there is a legal presumption of legality and validity of the previous sentence, which the court confirms by applying the relevant articles of the Criminal Code of Ukraine. This ensures the preservation of legality and compliance with the principles of justice in complex legal situations.
The importance of human rights protection:
Legal protection is one of the main functions of the court. Ensuring the rights and freedoms of citizens, as well as protecting their legitimate interests, is an integral part of a fair judicial process. The decision of the Court of Cassation confirms his commitment to this function.
Development of the Legal System:
The latest decisions made by the courts contribute to the constant development of the legal system. They make it possible to develop new approaches and standards in the field of justice that meet the modern challenges and needs of society.
Final Thoughts:
The decision of the Court of Cassation, like that of higher courts in general, is an important element of the legal system, which ensures compliance with the principles of justice, legality and human rights protection. They reflect the state's commitment to the principles of the rule of law and support citizens' trust in justice.
Conclusion:
The conclusion of the Court of Cassation is an important step in the development of the Ukrainian legal system.It establishes clear principles and procedures for the execution of sentences in complex situations, ensuring legality and fairness. Such decisions contribute to increasing citizens' trust in justice and strengthening the rule of law in Ukraine.
