Consideration of the personality of the offender in the application of criminal law measures under the legislation of CIS countries and Europe

Abstract

   This article is concerned with the analysis of the problem of consideration in the imposition of criminal law measures of the circumstances characterizing the personality of the guilty, in accordance with the norms of criminal legislation of other states. Since the current legislation of Russia is largely based on the values of the Romano-Germanic system of criminal law and at the same time on the experience of Soviet law, the author analyzes the criminal codes of the countries of the near abroad, as well as of the states of Eastern and Western Europe. In addition, the study of the experience of regulation of criminal law measures other than punishment in the states with traditional democratic principles and established legal order is important also because they have tested various alternatives of punishment and even criminal liability, implemented in respect of certain categories of persons who have committed a crime for several centuries. The article highlights the most positive experience of regulation of individualization of criminal law measures taking into account the personality of the offender in such states as Belarus, Uzbekistan, Tajikistan, Kazakhstan, Lithuania, Latvia, Germany, Austria and many other countries.