The identity of the perpetrator of the crime as an individualization of punishment

AutorAlexandra Yu. Bokovnya - Fedor R. Sundurov
CargoKazan Federal University, Faculty of Law, Criminal law Department, Kazan, Russia, e-mail: at240886@gmail.com, phone: 8(843)2337103 - Kazan Federal University, Faculty of Law, Criminal law Department, Kazan, Russia, e-mail: kafedra.ksu@yandex.ru, phone: 8(843)2337103
Páginas172-182
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 8 - Nº 07 - Ano 2019 – Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
172
THE IDENTITY OF THE PERPETRATOR OF THE CRIME AS AN
INDIVIDUALIZATION OF PUNISHMENT
Alexandra Yu. Bokovnya1
Fedor R. Sundurov 2
Abstract: The article examines the
phenomenon of the identity of the
perpetrator of a crime in the mechanism
of individualization of criminal
punishment. It is pointed out that
although the criminal act acts as the main
dimension of the indentity of the
perpetrator of a crime, it is of
fundamental importance in the
punishment individualization
mechanism to take into account the
individual diversity inherent in any
perpetrator’s personality that may be
reflected in the crime or not characterize
it.
Keywords: crime; criminal law;
criminal liability.
Introduction
Individualization is a derived
concept from the word “individual”,
which, in turn, characterizes a person as
a separate identity. The basis of the
1 Kazan Federal University, Faculty of Law, Criminal law Department, Kazan, Russia, e-mail:
at240886@gmail.com, phone: 8(843)2337103
2 Kazan Federal University, Faculty of Law, Criminal law Department, Kazan, Russia, e-mail:
kafedra.ksu@yandex.ru, phone: 8(843)2337103
individualization of social phenomena,
including criminal punishment, is the
person. The individualization of
punishment can be likened to a medicine
intended to treat a social disease. When
individualizing punishment, the whole
variety of properties and manifestations
of the perpetrator’s identity, including
the individual signs of a crime, the
circumstances of its commission, are
taken into account, and all this makes it
possible to choose a fair and reasonable
punishment in each particular case. The
individualization of punishment, along
with its differentiation in the law, is a
kind of “key” to justice and its social
effectiveness. Therefore, the importance
of taking into account the perpetrator's
identity in this very complex mechanism
is difficult to overestimate.
Materials and methods

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