Article 51. Forfeiture of Property

1. Forfeiture of property shall mean the forcible seizure of all or a part of the property which is in the ownership of a given convict, to the ownership of the state, without compensation.

2. Forfeiture of property shall be established for mercenary crimes, and it may be sentenced only in the cases stipulated by the relevant articles of the Special Part of the present Code.

3. Property shall not be subject to forfeiture which is necessary for the convict or his dependents, in accordance with the list stipulated by the criminal-executory legislation.

Section IV. Establishment of Punishment

Article 52. General Bases For Establishing Punishment

1. A person who was recognised as guilty in the commission of a crime, shall be appointed a just punishment within the limits established by the relevant article of the Special Part of the present Code, and subject to provisions of the General Part of the present Code.

2. A person who committed a crime must be sentenced with a punishment necessary and sufficient for his correction and the prevention of new crimes. A stricter type of punishment from those stipulated for a given crime committed shall only be appointed in case a lesser punishment can not provide for the achievement of the goals of punishment. A stricter punishment for a committed crime than that stipulated by the relevant articles of the Special Part of the present Code may be established in a case of a cumulative crime in accordance with Articles 58 and 60 of the present Code. The bases for establishing a lesser punishment for a committed crime than that which is stipulated by the relevant articles of the Special Part of the present Code shall be defined by Article 55 of the present Code.

3. When establishing punishment, the character and degree of public danger of a given crime shall be taken into consideration, as well as the personality of a convict, including his behavior prior to and after the crime, circumstances which aggravate and mitigate liability and punishment, and the influence of the established punishment upon the correction of a given convict, and upon the conditions of life of his family or persons dependent on him.

Date: 2014-12-21; view: 1016