CONTROVERSIES REGARDING THE RESTORATION OF SOCIAL EQUITY THROUGH CRIMINAL PUNISHMENT

Abstract

Equity in Criminal Law is expressed in two aspects: equity of Criminal Law and equity of criminal punishment imposed by the judicial instance for a criminal offence.Inorder tobe recognized fair, thecriminal punishment which is applied for a certain crime must reflect the social danger of the misdeed, of the person who committed it, occurred consequences, the impact over society, mitigating and aggravating circumstances (if they exist), rank of satisfaction of thevictim,and in general,corresponding of applied punishment to its purpose. An equal punishment, fist of all, is an individualized one. Over and above, the principle of individualization and application of the criminal punishment, the content of fairness, in other words, appreciation of the judicial decision concerning its equal character, doesn’tinclude the convicted person subjective attitude towards the punishment, as well as the victim and the society outlook (certain groups of people etc.)