On the application of general principles of sentencing for crimes against sexual freedom and inviolability
Year: 2024
Type: article
Abstract: The article focuses on the uniqueness of the legislative design of sanctions for rape committed repeatedly against a person under the age of fourteen, regardless of his/her voluntary consent (or by a person who has previously committed any of the crimes under parts four or five of Article 153, Article 155 or part two of Article 156 of the Criminal Code of Ukraine, part 6 of Article 152 of the Criminal Code of Ukraine) and for repeated sexual violence against a person under the age of fourteen, regardless of his or her voluntary consent or by a person who has previously committed any of the criminal offenses under part four of Article 152, Article 155 or part two of Article 156 (part 6 of Article 152 of the Criminal Code of Ukraine). It is stated that this sanction is unique in the structure of the current law on criminal liability since it has the features of absolute certainty. This sanction alternatively provides for two bare punishments – imprisonment for a fixed term and life imprisonment. At the same time, the term of imprisonment is specific – 15 years, which creates the uniqueness of this sanction. The article analyzes the court practice of sentencing for these types of offenses. Applying the general principles of sentencing for offenses of this kind is studied. The author notes that a limited number of tools can ensure maximum implementation of the principle of individualization of punishment in this case. It is determined that individualization of punishment is reduced to a choice between two types of bare punishment and only in some cases to an increase or decrease in the term of punishment per Articles 70 or 69 of the Criminal Code of Ukraine. Keywords: sexual freedom, sexual inviolability, sentencing, general principles of sentencing, sanction, criminal law measures.
Author: Yurii Shinkarov
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4407370593