GENERAL ISSUES OF IMPOSING A PUNISHMENT FOR CRIME MULTIPLICITY

Агаев И.Б.
Общие вопросы назначения наказания при множественности преступлений.
Law journal «Черные дыры в Российском законодательстве».
Moscow, 2004, No. 1, pp. 77—82. 1,2 quires.

In the paper it is noted that whereas the cases of crime multiplicity are characterized by high social danger, for such cases the increased liability should be provided. Methods of determining the responsibility for the cases of multiplicity should be different due to the fact that the crime multiplicity has three forms: repetition, cumulation and recidivism. According to the author, these forms of multiplicity have their own, naturally different types, each of which is characterized by various degree of social danger. Proceeding from it, the author considers that responsibility for them should also be provided in different ways. This is revealed in the fact that in some cases, a deed has qualities aggravating punishment, which entail the application of norm on a graver crime, in others — are covered by different norms entailing a stricter order for imposing the punishment. However, despite the differences in the nature and degree of social danger, all cases of crime multiplicity have similarities, namely in all these cases several crimes are committed by one person. Based on it, the author believes that it is quite important, relevant and practically significant both for criminal law theory and judicial practice to analyze the problem of imposing a punishment for crime multiplicity.