The imposition of punishment in the form of imprisonment is a sincere confession of guilt, remorse for the deed
The analysis of statistical data showed that the courts mostly impose real imprisonment on convicted persons, the use of which increased in comparison with similar periods of previous years (in 2011 - 79.6%, in 6 months of 2012 – 85.6%). At the same time, if in 2011, in comparison with the same period of the previous year, the application of Article 55 of the Criminal Code increased (from 2.5% to 9.2%), then in 6 months of 2012, the imposition of punishment below the lowest limit, on the contrary, decreased (from 11.7% to 3.8%). 55 of the Criminal Code, courts often indicate a sincere confession of guilt and remorse as mitigating circumstances of responsibility and punishment. Whereas in some cases, the sincerity of the defendants' repentance is questionable. For example, by the verdict of the Alatau District Court of Almaty dated January 09, 2012, B. was sentenced under Parts 1-1 of Article 259 of the Criminal Code with the application of Article 55 of the Criminal Code to 1 year and 6 months of imprisonment to serve his sentence in a high-security penal colony. He was found guilty of illegal acquisition, possession of narcotic drugs on a particularly large scale - heroin weighing 1.52 grams, without the purpose of sale.
According to the case file, during his arrest, a bag of heroin was found and removed from the toe of his left foot. According to his testimony, he found this package on the street. Applying article 55 of the Criminal Code, the court stated in the verdict that B. had admitted his guilt and repented of what he had done. At the same time, there are no other exceptional circumstances in the case that significantly reduce the degree of public danger of the act, the drug dealer is not indicated, etc. In addition, on the basis of paragraph "b" of part 2 of Article 13 of the Criminal Code, a dangerous recidivism of crimes was recognized in B.'s actions.
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