Definition of minimum and maximum punishments for convicts who have committed the totality of criminal offenses: comparative analysis of legislation

INTRODUCTION Setting of the problem In today's world, the criminal responsibility of people who have committed totality of criminal offenses is becoming the subject of growing interest and discussion in legal and academic circles. However, there is the significant divergence in the legislation of the different countries and jurisdictions as for the definition of minimum and maximum punishment for this category of convicts. This divergence raises the questions about the fairness and the effectiveness of criminal justice and its compliance with the modern societal values. This article aims to study and to compare the different approaches to the definition of punishment for people who commit the criminal offence in different jurisdictions. The research will focus on the analysis of the structure of punishments, the principles of their definition, taking into account the totality of the criminal offenses and sociocultural factors affecting this process. Obviously, the index of the joined committing of criminal offenses is one of the problems of today in the judicial practice of Ukraine, which requires the gradual, the planned, the effective reduction. Based on the regulations and the norms of the national legislation, we propose to consider the general and the specific features of the totality of criminal offenses, to outline the limits (minimummaximum) of the destination of punishments by totality of verdict, to analyze the judicial practice of Ukraine and the countries of the European Union, the United States of America for the further comparison of law-making and the separation of the factors affecting the percentage indicator of the level of cumulatively committed criminal offenses. Article History Received: 13/11/2023 Accepted: 22/11/2023 Published: 24/11/2023 Corresponding author: Predmestnikov Oleh Abstract The problem of the definition of the minimum and the maximum punishments for people who are convicted of the totality of criminal offenses has the important social and legal meaning. This scientific article is aimed at the study and the comparison of the legislation of the different countries and jurisdictions, which relate to the criminal responsibility in such situations. The purpose of the research is the detection of the common approaches and the differences in the definition of punishments, and also the estimation of their impact on the effectiveness of justice and fairness. The authors use the comparative analysis where the key aspects of the criminal law have been considered, including the criteria of the definition of minimum and maximum punishments, taking into account the circumstances of the case and the impact on the totality of criminal offenses. The results of this research can contribute to the improvement of legislation and policy as for punishments in the situations of the totality of criminal offenses, contributing to more fair and effective approaches to the criminal responsibility.