Индивидуализираното наказание
Penalty Individualised

Summary/Abstract: One of the specific social functions of penalty in modern society is analysed in that essay. That social phenomenon is viewed from a sociological perspective as a mechanism of control and selection of the individuals rather than as a category and practice of the modern law. The general lines along which the process of individualisation of penalties in the judiciary practice unfolds are outlined. A series of key elements (guilt, malice, imprudence, circumstances, insanity) are distinguished together with their relative burden in constituting the crime and in assigning its relevant penalty. The accent is stressed on the fundamental for the modern jurisdiction turn of the view from the crime as a type of action toward the individual as a criminal. As a sequence of that turn the trial is being transformed from a place of administering justice into a place of production and accumulation of knowledge about the individuals and their characteristics.

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