Problems of applying the absorption principle in sentences for combination of crimes

This article examines current issues in applying the principle of absorption of a lesser punishment by a more severe one when sentencing for a combination of crimes. This article analyzes the provisions of Russian criminal law governing the procedure for determining final punishment, as well as the practice of their implementation by the courts. Particular attention is given to the controversial issues of the relationship between the principles of justice, equality of citizens before the law, and the individualization of criminal liability when using the mechanism of absorption of punishments. It is argued that current legal regulation does not contain sufficient criteria for choosing between absorption and cumulative punishments, therefore judicial discretion assumes significant significance. It is noted that the application of the absorption principle in some cases can lead to the de facto nullification of the criminal law significance of individual offenses included in the aggregate, raising reasonable doubts about the achievement of the goals of punishment and the implementation of the principle of justice. Approaches to improving this institution existing in criminal law are considered, including proposals to abandon the absorption principle, limit its scope of application, or expand its scope in certain cases. It is concluded that the practical significance of this sentencing method remains intact, while further improvement of legal regulation is needed. The rationale for more detailed regulation of the grounds for the application of the absorption of penalties and the expansion of the clarifications of the Supreme Court of the Russian Federation aimed at ensuring uniformity in judicial practice and compliance with the principles of criminal law is argued