Publication date: 03.07.2024
active and purposeful military lawyer with more than 4 years of experience
Sentencing based on cumulative sentences: Ensuring fairness and preventing recidivism
Introduction
One of the key aspects of criminal justice is the assignment of fair punishment for committed crimes. A particularly difficult issue is determining the punishment when a person has committed several crimes for which different sentences have been handed down. In such cases, the institution of a set of sentences is used, which is designed to ensure an adequate punishment that corresponds to the gravity of the crimes committed.
The essence and purpose of imposing a punishment based on a set of sentences
Accumulation of sentences is a situation when a person who has already been convicted of one crime commits another crime before the previous sentence comes into force. In such a case, the court assigns the final punishment by substituting a less severe punishment for a more severe one or by partially or fully adding up the prescribed punishments.
The main purpose of imposing a sentence based on a set of sentences is to ensure a fair punishment that would adequately reflect the degree of public danger of the convicted person and prevent the recurrence of crimes. The appointment of a more severe punishment based on the totality of sentences allows to take into account the totality of crimes committed by a person, and therefore, to more fully implement the principles of inevitability and justice of punishment.
Normative and legal regulation of sentencing based on a set of sentences
In Ukraine, the issue of sentencing based on a combination of sentences is regulated by Articles 70-71 of the Criminal Code of Ukraine. In particular, according to Art.70 of the Criminal Code, if the convicted person has committed two or more crimes for which he is convicted simultaneously, the court, having assigned a punishment for each crime separately, determines the final punishment by absorbing a less severe punishment by a more severe one or by fully or partially adding up the prescribed punishments.
Article 71 of the Criminal Code of Ukraine regulates in detail the procedure for assigning punishment based on a set of sentences. Thus, if the convicted person committed a new crime after the previous sentence was passed, but before the sentence was fully served, the court imposes a punishment based on a set of sentences by partially or fully adding the unserved part of the sentence under the previous sentence to the punishment imposed under the new sentence.
Criteria for assigning punishment based on the totality of sentences
When imposing a punishment based on a set of sentences, the court is guided by a number of criteria:
Degree of gravity of committed crimes. A more serious crime absorbs a less serious one, and a more severe punishment is assigned based on the totality.
The nature and degree of social danger of the convicted person. If the convict has committed several crimes, which testify to his persistent antisocial orientation, then he is assigned a more severe punishment.
Circumstances mitigating or aggravating punishment. The court takes into account, in particular, the recurrence of crimes, the commission of crimes with complicity, the commission of crimes against minors, etc.
Purpose and goals of punishment. When imposing a sentence based on a combination of sentences, the court strives to ensure the achievement of the goals of the punishment, the correction of the convicted person and the prevention of new crimes.
Types and order of sentencing based on a set of sentences
According to Art. 71 of the Criminal Code of Ukraine, the court may impose a punishment based on a set of sentences:
By absorbing a less severe punishment with a more severe one. In this case, only a more severe measure of punishment is assigned to the convict, and a less severe one is absorbed.
By fully or partially serving the prescribed punishments. Here, the court makes the prescribed punishments, but the final punishment cannot exceed the maximum term or amount established for this type of punishment.
By adding the unserved part of the sentence under the previous sentence to the sentence imposed under the new sentence. That is, the unserved part of the previous sentence is added to the new sentence.
When choosing the appropriate method of punishment, the court is guided by the principles of justice, humanism and individualization of punishment.
Practical examples of sentencing based on a combination of sentences
Let's consider several examples of sentencing based on a set of sentences:
The person committed theft (3 years of imprisonment) and intentional homicide (10 years of imprisonment). The court imposes a sentence of 10 years in prison because the harsher penalty for premeditated murder absorbs the less severe penalty for theft.
The person committed fraud (3 years of imprisonment) and hooliganism (4 years of imprisonment). The court imposes a punishment in the form of 4 years of imprisonment by partially adding up the assigned punishments. The less severe punishment for fraud is partially combined with the more severe punishment for hooliganism.The person was sentenced to 3 years in prison for theft. After serving 1 year of her sentence, she committed a new crime - illegal drug trafficking, for which she was sentenced to 5 years in prison. The court imposes a final sentence of 7 years of imprisonment by adding the unserved part of the sentence of 2 years from the first sentence to the new sentence.
You may be interested in reading articles on such topics as: адвокатские запросы адвокатский запрос ответ на адвокатский запрос требования к адвокатскому запросу непредоставление ответа на адвокатский запроссроки 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 ответ на адвокатский запрос срок адвокатский запрос требования срок рассмотрения адвокатского запроса срок рассмотрения адвокатского запроса образец ответа на адвокатский запрос
