Theoretical and Legal Problems of the Grounds for Sentencing Below the Lowest Limit

The article discusses some theoretical and practical problems related to the imposition of punishment below the lowest limit. It provides the statistical data characterizing the tendency in the usage of this institute. The author of the article points out that the possibility of imposing a penalty below the lowest limit from all existing varieties of punishment is frequently used in practice. The given article raises also some controversial issues related to the grounds on which it is possible to impose a penalty below the lowest limit. The author conducts a study of judicial practice on this issue and gives its critical assessment. The results of this study suggest some changes that should be made in the article 64 of the Criminal Code of the Russian Federation and also state that there must be the reasoned justification of each circumstance that served as the basis for recognizing their exclusivity and the possibility of applying this criminal law institution.

the imposition of a milder punishment, below the lower limit, exclusivity of circumstances, real inherent reduction of the danger of crime, mitigation of punishment, the practice of sentencing