Kondratiev S.A.
Kondratiev S.A.
Lomonosov Moscow State University
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The Anglo-American Institute of Postponement of Sentencing as an alternative to the traditional reaction to crimeMoscow University Bulletin. Series 11. Law. 2020. 4. p.96-105read more242
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The article analyzes the right of a judge in England and the USA to defer sentence. Based on long-standing division of the criminal proceedings on merits into trial and sentencing stages, anglo-american criminal procedure empowers a judge in the certain cases to defer sentence in order to induce a convicted person to correct his behaviour. Reflecting the need for flexibility in criminal justice, this institution represents a real alternative to a criminal punishment.
Keywords: individualization of criminal liability; principle of caesura; deferment of sentence
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