Dolgopolov K.A. Aggravating Circumstances as a Means of Differentiating Criminal Responsibility

DOI: https://doi.org/10.15688/lc.jvolsu.2018.2.22

Kirill A. Dolgopolov, Candidate of Sciences (Jurisprudence), Associate Professor, Head of Department of Criminal Procedure and Criminalistics, Nevinnomyssk State Humanities and Technical Institute, Mira Blvd., 17, 357108 Nevinnomyssk, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: it is difficult to overestimate the importance for the criminal case of materials received by operational units at the stage of preliminary verification of information, in connection with which the author has to consider the influence of aggravating circumstances on the appointment of criminal punishment, and also consider aggravating circumstances as a means of differentiating criminal responsibility. 
Methods: the methodological basis of this study is a set of methods of scientific knowledge, among which the main place is occupied by methods of system, analysis and comparative-legal.
Results: the analysis of the institution of aggravating circumstances carried out by the authors made it possible to conclude that any aggravating circumstance should be taken into account by the court when choosing a measure of criminally-legal effect.
Conclusions: according to the results of the work, it is shown that aggravating circumstances are an independent criminal responsibility differentiated by the institution, which is most fully used inthe individualization of responsibility and promotes the implementation of the principles of justice and humanism. In accordance with the principles of criminal law, the list of aggravating circumstances is considered exhaustive, and any circumstance indicating an increase in the public danger of the offense and the person of the perpetrator, to be taken into account by the court when choosing a measure of criminal law influence, must necessarily be named therein.

Key words: punishment, punishment, aggravating circumstances.

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