The patterns of the implementation the legal mechanism of punishment dismissal: judicial aspect

Babanly R. The patterns of the implementation the legal mechanism of punishment dismissal: judicial aspect

 The article considers with the practical aspect of the art. 75 CC application in order to reveal the patterns, positive and negative aspects of implementation the legal mechanism of punishment dismissal. The results of the study reveals the tendency of the existence of direct relationship of proportionality between the severity of crime and likelihood of the art. 75 CC application, namely the more severe the crime is, the more probable is art. 75 CC application. Also article concerns the widespread of art. 75 application to the persons, who committed the offence, for which the punishment of more than 5 years imprisonment provided, which testifies the necessity of consistency of legislative and judicial approach in application of all of the mechanisms which are used in the process of choosing the type of criminal liability in the broadest sense of this concept.
Keywords: impunity, probation, punishment, aim of punishment, sentencing.