За някои особености на престъпния деец като предпоставка за прилагането на наказанието доживотен затвор без замяна
Some Characteristics of the Wrongdoer as a Prerequisite for the Application of Life Imprisonment without Substitution

Summary/Abstract: The article offers a comprehensive analysis of one of the prerequisites for the application of the imprisonment for life related to the wrongdoer’s personality. This is the requirement under Art. 38, para. 1 of the Penal Code — the goals under Art.36 of the Penal Code not to be reached through a lighter punishment. The author juxtaposes life imprisonment and life imprisonment without substitution through the prism of the punishment goals and reduces the studied prerequisite to the requirement for incorrigibility of the subject. The public threat of the agent and the factors that specify it are analysed in the light of the penal theory and judicial practice. A few defects of the legal regulation are pointed out, such as: the abstract nature of the prerequisite, the absence of specific and simple content and the lack of correspondence in the general rules for determination of the punishment.

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