PRINCIPLES OF INDIVIDUALIZATION AND DIFFERENTIATION OF CRIMINAL LIABILITY

Abstract

The article examines the theoretical and practical aspects of the implementation of the principles of individualization and differentiation of responsibility.It is argued that the effectiveness of crime prevention depends in particular on the implementation of the principles of criminal law, including and mainly the principles of differentiation and individualization, as well as proportionality. It is established that incorrect consideration of all the circumstances of the case, the characteristics of the perpetrator and his behavior in relation to the offense committed can lead to a milder or harsher punishment than the one the person deserves and not achieve the goals of imposing punishment and applying other means of criminal law response.It was found that the criminal law contains a number of circumstances that contribute to the differentiation of responsibility and their consideration when imposing a penalty, in particular the severity of the criminal offense, the stage of committing a criminal offense, complicity, forms of guilt, multiplicity, consideration of mitigating and aggravating circumstances when imposing a penalty and consideration of mitigating circumstances.It is argued that the principle of individualization consists in taking into account as much as possible all the circumstances (aggravating and mitigating) that are in a specific case. The principle of differentiation contributes to the fact that certain circumstances (aggravating and mitigating) are taken into account in at the stage of constructing a criminal law norm and its further application.It is substantiated that taking into account all these circumstances contributes to the achievement of justice. It is established that the proportionality of differentiation means the use of uniform approaches to taking into account the same circumstances that differentiate criminal offenses.