Such a punishment is recognized as inappropriate to the degree of severity of the criminal offense and the person of the accused, which, although it does not go beyond the limits established by the relevant article (part of the article) of the Law of Ukraine on criminal responsibility, but in its type or size is clearly unfair due to softness or severity.
The degree of severity of the committed criminal offense, within the meaning of Art. 414 of the Criminal Procedure Code, means that the court first of all finds out the question of what category of crimes the law (Article 12 of the Criminal Code) refers to the criminal act committed in a specific case. Taking into account that in Art. 12 of the Criminal Code provides only a specific description of the severity of the crime, which is reflected in the sanction of the article established for this type of crime, the court, when imposing a punishment on the basis of a comprehensive, complete and impartial consideration of the circumstances of the criminal proceedings in their entirety, determines the severity of a specific criminal offense, taking into account it the nature and value of the social relations that have been encroached upon, the severity of the consequences, the manner of the encroachment, the form and degree of guilt, the motivation of the criminal offense, the presence or absence of qualifying features.
Under the person of the accused in the context of Art. 414 of the Code of Criminal Procedure means the set of physical, socio-demographic, psychological, legal, moral and ethical and other characteristics of an individual against whom a guilty verdict has been passed, which exist at the time of making such a decision and are important for the choice of punishment in view of the purpose and principles of its appointment.
The term "manifestly unfair punishment" does not mean any possible difference in the assessment of the type and amount of punishment from the point of view of the court of appeal or cassation, but a difference in such an assessment of a principled nature. This provision indicates a significant disproportion, inadequacy between the determined court, although within the limits of the relevant sanction of the article (part of the article) of the Special Part of the Criminal Code, the type and amount of punishment and the type and amount of punishment that should be imposed, taking into account the circumstances to be proven , in particular those that should be taken into account when imposing a punishment.
As can be seen from the materials of the criminal proceedings, when sentencing PERSON_1, the court of first instance, complying with the requirements of Articles 50 and 65 of the Criminal Code, took into account the severity of the committed crime, which is classified as serious, the nature and specific circumstances of its commission, data on the identity of the accused, who has a previous conviction , based on the place of residence is characterized as mediocre, has a minor child to support, the opinion of the victim, who did not insist on a severe punishment for the accused, as well as mitigating circumstances – sincere remorse and active assistance in solving the crime, absence of aggravating circumstances punishment.
Resolution of the Joint Chamber of the Criminal Court of Cassation of the Supreme Court in case No. 243/7758/20 .
Earlier, we talked about the circumstances under which a person cannot be released from criminal liability in connection with bail: the position of the Supreme Court.