Criminal law sanctions for misappropriation, embezzlement or seizure of property through abuse of office

نویسندگان

چکیده

The concept of criminal law sanctions has been analysed, the classification for misappropriation, embezzlement or seizure property through abuse office studied, and peculiarities building crimes under Article 191 Criminal Code Ukraine have revealed. It concluded that a sanction is mandatory component an article (or part article) Special Part which contains model type scope punishment adequate to social danger act. reveals legal aspect punishment, indicating its scope, while acting as provided crime.
 One most important necessary prerequisites court determine lawful and, therefore, appropriate strict compliance with requirements 65 on imposing within limits established in providing liability crime. Taking this requirement into account implies each particular case should be guided by types amounts relevant law, well provisions General Part. This means must mandatory.
 should, course, give judges choice so sentence can gravity offence person involved. However, not go beyond justification undermine general deterrent function sanctions. Therefore, judge clearly know rules he she assess significance circumstance order amount punishment. approach used draft CC Ukraine.

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ژورنال

عنوان ژورنال: Law and Safety

سال: 2023

ISSN: ['1727-1584', '2617-2933']

DOI: https://doi.org/10.32631/pb.2023.2.03