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REALIZATION OF PRINCIPLE INDIVIDUAL PUNISHMENT ON EXAMPLE OF UKRAINE AND GERMANY

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 27)

Publication Date:

Authors : ; ;

Page : 91-96

Keywords : individualization principle; resocialization program; application of punishment;

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Abstract

The article deals with peculiarities of application of the principle of individuality of punishment on the example of Germany, comparison of approaches to individualization of punishment in Ukraine and Germany. The essence of such a comparison is that in Ukraine the individualization of punishment is more manifested in the application of the correct punishment, according to the law, to the person who committed a certain act based on the peculiarities of the act itself, rather than being guided by the characteristics of the person who committed the crime. Which to a certain extent eliminates the possibility of determining the type of punishment that will be aimed at achieving the main purpose of punishment — the correction of this particular person who committed the wrongful act. Namely, the criminal justice system of Germany best embodies the above opinion. Thus, this article concludes the need for regulatory fixing and the establishment of special commissions for prison distributors, on the example of Germany, which will be engaged in the evaluation, psychological research and drawing up of an individual plan of correction of the convicted person, taking into account his psychophysical features, to placement directly to places of punishment unlike the domestic method, in which a person is first placed in the place of punishment and then in the process of serving a sentence tion on her re-socialization of the plan that is not quite correct, because the offender can apply measures aimed at correcting partly or not at all correspond to features offender. It can also be affected by the situation in which the offender is found to be punished because it significantly changes the character of the person, which in turn complicates the process of re-socialization. The article highlights the peculiarities and differences of social and psychological services in institutions of execution of criminal penalties, identifies their significant differences, shortcomings and ways to improve. The article also explores the interpretation of the concept of «punishment individualization» in view of the works of famous scientists and the results of our own research.

Last modified: 2021-03-25 00:35:54