RULES FOR IMPOSING PUNISHMENT IN THE CRIMINAL PROCESS OF ISRAEL
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
This article is devoted to the study of regulations and principles of imposing a punishment in the Israeli criminal litigation. It explores the specifics of the mechanism for imposing punishments by the court of first instance, based on the instructions of Article 40 of the Israeli Criminal Code, as well as on the analysis of the modern judicial practice of Israel. For more than 60 years of the existence of the State of Israel, the law did not contain any instructions regarding the mechanism for award a penalty. This mechanism, called «the formation of judicial conviction», was approved and came into legal force for the first time just in 2012. The novelty of this mechanism generates a considerable amount of controversy as to how its regulations should be applied. The author of the article examines different opinions of the Israeli scholars regarding these controver- sial matters and suggests, as to continue, his own approach to the application of these regulations.The author also pays close attention to the question of how much the introduction of the new regulations has affected or may affect the achievement of the main goal of the reform: an attempt to lead to more equal punishments under otherwise equal conditions. Furthermore, the article puts a special focus on the ways of preserving judicial independence and own judicial conviction when imposing punishments, considering the mechanism for «forming judicial conviction», approved by the legislator and mandatory for application.
Authors and Affiliations
И . В. Глидер
Keywords
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