Врахування судом обмеженої осудності особи при призначенні їй покарання

Abstract

The article is devoted to the problem of accounting diminished sanity of a person when imposing punishment on him by the court. Attention is drawn to the lack of a legislative indication on the order of such accounting. It is pointed out that the recognition of diminished sanity as an aggravating circumstance is unlawful. The arguments for recognizing the diminished sanity as a circumstance that mitigates punishment in an optional order are presented. The court must give arguments to such a decision in each case.