RECONCILIATION OF THE OFFENDER AND THE VICTIM IN THE IMPOSITION OF PUNISHMENT (UNDER THE CURRENT CRIMINAL CODE OF UKRAINE AND THE DRAFT OF THE NEW CRIMINAL CODE OF UKRAINE)

Abstract

The article is devoted to the analysis of how the reconciliation of the offender and the victim is taken into account when imposing of punishment under the current Criminal Code of Ukraine (Articles 65, 66, 69, 69-1 of the Criminal Code of Ukraine) and the Draft of the new Criminal Code of Ukraine (Articles 3.3.1, 3.3.2. (General rules of sentencing; сircumstances that mitigate the punishment for a crime and minor offense). We substantiated the need, not the possibility of taking into account the reconciliation of the offender with the victim in such an important area of criminal law regulation as imposition of punishment. In view of this, it is proposed to reconcile the offender with the victim in the list of circumstances that mitigate the punishment provided in Article 66, paragraph 1 of the Criminal Code of Ukraine and Article 3.3.2 of the Draft of the New Criminal Code of Ukraine. In addition, we propose to supplement Article 69-1 of the Criminal Code of Ukraine another alternative basis for punishment below the highest limit: reconciliation of the offender with the victim. The new version of Article 69-1 of the Criminal Code of Ukraine could have the following form: “In the event of the offender with a surrender, sincere repentance or active assistance in uncovering the offence or reconciliation with the victim and voluntary compensation of losses or repairing of damages, the absence of aggravating circumstances, as well as the admission of guilt by the accused, the term or amount of punishment shall not exceed two thirds of the maximum term or amount of the most severe type of punishment provided by the respective sanction of the Article (sanction of part of the Article) of the Special Part hereof. In the presence of mitigating circumstances provided for by clauses 1 and 2 of cart 1 of Article 66 hereof, the absence of aggravating circumstances, as well as the admission of guilt by the accused, the term or amount of punishment shall not exceed two thirds of the maximum term or amount of the most severe type of punishment provided by the respective sanction of the Article (sanction of part of the Article) of the Special Part hereof. We emphasize the feasibility of supplementing the Section 3.3. of the Draft of the new Criminal Code of Ukraine on special rules for punishment in cases of several circumstances mitigating punishment, and in the absence of сircumstances aggravating punishment, to avoid potential violations of social justice, moderately narrow the limits of judicial discretion and exclude corruption factors.