Court sentences in the aspect of theorems of validity, justice and certainty of bisectrixity

• Main Author: Sergey G. Ol’kov
• Format: Article
• Language: English
• Published: Tatar Educational Center "TAGLIMAT" Ltd. 2016-01-01
• Series: Aktualʹnye Problemy Èkonomiki i Prava
• Online Access: http://apel.ieml.ru/storage/archive_articles/8240.pdf

Objective to prove the theorems of validity justice and certainty of bisectrixity to elaborate the mathematical bases of the theory of court sentences. Methods observation deduction and induction applying the law of formal logic comparative analysis formaljuridical method mathematical methods. Results 1 theorems of validity justice and certainty of bisectrixity are proved and detailed 2 equally probable equilibrium and diagonal court sentences are viewed in the 2dimensional 3dimensional 4dimensional and 5dimensional space of criminal liability when the scope of punishment is determined by four variables y f x1 x2 x3 x4 where y ndash scope of punishment x1 ndash character and degree of the public danger of the deed x2 ndash category of a criminal public danger of the personality x3 ndash circumstances aggravating punishment x4 ndash circumstances extenuating punishment f ndash parameters of the equation connecting the left and right parts of the equation 3 aggravating and extenuating circumstances can be integrated into a single variable in the form of a fraction where the numerator is the scope of circumstances aggravating punishment x3 and thenbspdenominator is the extenuating circumstances x4 thus we obtain an integrated variable x3 x4 4 it is proved that the certainty of diagonal sentence is s c or v c times larger than the certainty of the equally probable sentence where с is the length of the diagonal s is the area of sentences vnbspis the space of sentences 5 it is proved that the bisectral sentence is the most optimal among the equilibrium ones as it equally takes into account the functions of the defense and the prosecution. Scientific novelty the newly obtained scientific results. Practical significance possibility to use the obtained scientific results for the development of criminallegal and criminalprocedural theories tonbspincrease the level of justice of the court sentences. Keywords Criminal procedure Theorem of validity Theorem of justice Theorem of certainty of bisectrixity Justice Equally probable sentence Diagonal sentence Bisectrial sentence Normal sentence Multidimensional sentence Function of the defense Function of the prosecution Function of the adjudgement Criminal punishment Categories of criminals Categories of crimes Mathematical analysis nbsp