Principles of Criminal Legislation Action
Abstract
This article is concerning on issues of principles of criminal legislation action through the prism of theory and practice. Abidance of criminal law principles has a fundamental importance for accomplishing of criminal legislation tasks, for its main public goal achievement and for justice. When principles are broken, then all justice downsides are appeared, especially in the field of crime combating. Consequences of such downsides are so severe, that effectively left scarcely anything from law.
It is declared that well-known provisions called principles in criminal legal literature are not law principles at all (or, in very best, are not criminal law principles). Only those general provisions (grounds) could be recognized as criminal law principles, which have specific concrete influence – defining main tasks of criminal legislation, tools and methods of crime combating etc.
Author maintains that main sense of criminal law principle «nullum crimena sine lege» is that its realization leaves no possibility for analogy in criminal legislation (which is prohibited in Ukraine). Principle of personal responsibility means personified and own responsibility of a person. Principle of guilty responsibility means that guilt of a person in a crime committed is the most important condition and ground for criminal responsibility. Principle of complete responsibility (complete criminal sanity) relies upon criminal legislation and practice of its application: defendant must be accusedin all acts committed for which he (or she) was not yet found guilty and sentenced (without exception). Principle of mitigating circumstances’ priority in comparison with aggravating circumstances means that in case of contest between mitigating and aggravating circumstances mitigating have priority.
Some other principles, e.g. adequacy of severity of punishment to gravity of crime, greater punishability of crime committed by group of people, complete restitution of damage caused by crime, have been defined as criminal law principles.
Taking the above mentioned into consideration it is reasonable to conclude that criminal law principles are to be defined as most general statutory normatives of criminal legislation that execute specific regulative functions.
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