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Title |
Application of the absorption principle
in cumulative sentencing |
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Authors |
Korotkikh Natalia Nikolaevna
doctoral student of
the Department of
Criminal Law and Forensic Science of Far Eastern
Federal University, Cand. Sc.
Law, associate professor. 8, Sukhanova Str., 690950,
Vladivostok, Primorsky
Krai. E-mail: crimlaw@rambler.ru |
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Section |
Criminal legal doctrine |
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Issue |
1/2014 |
Page |
92-96 |
index UDC |
343.97 + 3443.85 |
index LBC |
Х071 + Х408.02 |
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Abstract |
The absorption of a less strict punishment with a
stricter one is one of the
principles of cumulative sentencing. The fundamental
conditions of this principle’s
application are embodied in the Criminal Law of the
Russian Federation.
The article analyzes the problematic issues of
cumulative sentencing originated
by the application of the rules of the Criminal Code
of the Russian Federation,
and observes the opinions of numerous authors on the
subject, as well as the
judicial errors during the application of the
absorption principle. As a separate
question the author also considers legal regulation
of imposing additional penalties
in cumulative sentencing by applying the principle
of absorption of a less
severe punishment with a severer one, and focuses
attention on existing gaps
in this area in the criminal law. |
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Keywords |
cumulative crime, the principle of absorption of a
less severe punishment with a severer one,
additional penalties, major penalties. |
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