Publication date: 03.07.2024
active and purposeful military lawyer with more than 4 years of experience
Aggravating circumstances
The Criminal Code of Ukraine defines a number of circumstances that courts must take into account when sentencing a person found guilty of a crime. These circumstances are called "aggravating circumstances" and they influence the choice of a more severe type or amount of punishment.
Terms
Article 67 of the Criminal Code of Ukraine contains an exhaustive list of circumstances that the court may recognize as aggravating punishment.These include:
Repeated commission of a crime by a person, or recidivism of crimes.
Committing a crime in a state of alcohol intoxication or in a state caused by the use of narcotics or other intoxicating agents.
Committing a crime against a minor or a helpless person.
Committing a crime against an elderly person or taking advantage of his helpless state.
Committing a crime against a woman who was known to the perpetrator to be pregnant.
Committing a crime against a person who is financially or otherwise dependent on the offender.
Committing a crime with extreme cruelty.
Committing a crime using conditions of war or state of emergency, other extraordinary events.
Committing a crime in a generally dangerous way.
Committing a crime on the basis of racial, national, religious enmity or discord.
Involvement of a minor in criminal activity.
Committing a crime against an elderly person or taking advantage of his helpless state.
Committing a crime by a group of persons based on a prior conspiracy.
Committing a crime using a minor.
Concealment of the crime, as well as concealment of the criminal from the investigation.
Committing a crime by a person who previously committed a serious or particularly serious crime.
It should be noted that this list is not exhaustive, and the court may recognize other circumstances as aggravating punishment, if they are not specified in Article 67 of the Criminal Code of Ukraine, but affect the severity of the crime committed.Repetition and relapse of crimes
One of the most important circumstances aggravating punishment is the repeated commission of a crime or the recurrence of crimes. Repetition and relapse testify to the persistent antisocial character of the criminal, his propensity for illegal behavior.
The commission of two or more crimes provided for by the same article or part of the article of the Criminal Code of Ukraine is recognized as repeated. It does not matter whether the person was convicted of a previous crime or not. It is important that the commission of the second crime occurred after the commission of the first.
Recidivism is the commission of a new intentional crime by a person who has a criminal record for an intentional crime. That is, recidivism implies the presence of a previous conviction for an intentional crime at the time of committing a new crime.
Re-commitment of a crime or recurrence of crimes is considered by the court as a particularly aggravating circumstance, which indicates a persistent anti-social orientation of a person and his propensity to commit crimes. Therefore, in such cases, the court assigns a more severe punishment.
Committing a crime while intoxicated
Committing a crime with particular brutality or in a generally dangerous manner is also recognized as an aggravating circumstance.
You may be interested in reading articles on the following topics: адвокатские запросы адвокатский запрос ответ на адвокатский запрос требования к адвокатскому запросу непредоставление ответа на адвокатский запрос сроки ответа на адвокатский запрос адвокатский запрос это рассмотрение адвокатского запроса об адвокатском запросе адвокатский запрос образец образец адвокатского запроса образец отказа на адвокатский запрос адвокатский запрос срок рассмотрения ответственность за непредоставление ответа на адвокатский запрос адвокатский запрос срок
