Analysis of Sentencing Practice for Assault (Part 1 of Article 187 of the Criminal Code of Ukraine)

Abstract

The article examines the issue of sentencing for an assault under Part 1 of Article 187 of the Criminal Code of Ukraine. 200 sentences passed by the courts of first instance in criminal proceedings under Part 1 of Article 187 of the Criminal Code of Ukraine are analysed. It is established that mostly assaults are committed in similar legally significant circumstances, which can be classified according to certain criteria: type of violence, material damage, the category of victims, and so on. During the research it was found out that the sanction of Part 1 of Article 187 of the Criminal Code of Ukraine provides for a sentence of three to seven years in prison. However, in most cases courts impose a minimum or close to the minimum sentence (3–4 years imprisonment), in some cases — the average sentence (5 years imprisonment). At the same time, courts don’t impose a maximum or close to the maximum limit (6–7 years of imprisonment). This situation is explained by the fact that courts don’t take into account all factors that can affect the punishment: the type of violence, material damage, the consequences for the health of the victim, the category of victims, and so on. Based on the results of the analysis, it’s proposed own approach to sentencing for an assault. However, it was identified cases of unreasonable application of Article 69 of the Criminal Code of Ukraine and the overly lenient sentencing, not provided by the sanction of Part 1 of Article 187 of the Criminal Code of Ukraine. It’s also researched the state of release from serving a sentence of persons who committed an assault, on the basis of Article 75 of the Criminal Code of Ukraine. The analysis provides grounds for concluding that the percentage of cases of application of Article 75 of the Criminal Code of Ukraine is excessive, as well as the tendency according to which under similar circumstances and conditions, one person is sentenced to a real punishment and another to a suspended sentence.