Certain Practical Issues Of The Legal Regulation Of Imposition Of Punishment For Cumulative Crimes
Year: 2024
Type: article
Abstract: The article refers to the discussion of certain practical issues in the Criminal Code of the Republic of Armenia concerning the imposition of punishment for cumulative crimes. Although, along with the development of the criminal legislation, a significant part of the problematic issues concerning the imposition of punishment for cumulative crimes has been resolved, there are still a number of issues in the Criminal Code of the Republic of Armenia that are not clearly resolved or are understood ambiguously in terms of content. Taking into account the mentioned, the article refers to the rules for total or partial combination of punishments in case of a cumulative crimes, including issues related to supplemental punishments and their calculation alongside primary punishments to determine the final penalty. The article thoroughly analyzes the provisions of the Code on determining the final punishment for aggregate sanctions and outlines the procedure for calculating the beginning of the punishment term when combining sanctions for crimes committed after the first conviction but before conviction for subsequent crimes. Additionally, the article examines the positions taken by the Republic of Armenia Court of Cassation on this topic. The analysis within the article highlights legislative provisions that lead to inconsistent interpretations and proposes legislative improvements to address these issues.
Source: Օրինականություն / Legality
Author: Karen Sukiasyan
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4411612639