ABOUT MANIFESTATION OF THE PERSONALITY IN THE SYSTEM OF CRITERIA OF INDIVIDUALIZATION OF CRIMINAL PUNISHMENT

Abstract. The proposed paper examines the identity of the perpetrator and its manifestations in crime, behavior before, during and after its commission. It is emphasized that if the reason for sentencing is the commission of a crime, then the main and central criterion of its individualization is the identity of the convicted person. The authors draw attention to the fact that in a number of European countries (Austria, Switzerland, Germany, and others), the circumstances characterizing the identity of the perpetrator, when choosing the punishment measure, are given more significant importance than in the Criminal Code of the Russian Federation. It substantiates the conclusion that further improvement of legislative regulation and the practice of applying punishment and especially other measures of criminal responsibility implies an increase in the role of data characterizing the identity of the perpetrator in the system of criteria for their individualization, which permeate, give specificity and originality to all these criteria.Key words: responsibility; criminal penalty; sentencing; criteria; identity of the perpetrator; crime; criteria for punishment individualization; degree of public danger of crime; extenuating circumstances; aggravating circumstances