Features of differentiation and individualization of criminal liability of women

Abstract

Gender specificity and the special social status of women determine a slightly different approach to the implementation of criminal liability than other categories of persons. In this context, we are talking about differentiation and individualization of the criminal liability of women. Through an analysis of the main features of criminal liability, tools that are important for implementing a differentiated approach and individualizing criminal liability are identified, in particular criminal punishment and other measures of a criminal legal nature. It has been established that the criterion for differentiation is the gender aspect, which is reflected in the amount and types of punishments and other criminal legal measures applied to women. In turn, the criterion for individualization is taking into account the characteristics, specific needs, and problems of individual categories of women. In this regard, female criminals are divided into separate subcategories depending on a number of criteria, which are: age, health, ability to work, reproductive function, etc. In a particular study, the emphasis is on taking into account the reproductive function of a woman. The final part of the work presents a number of recommendations for improving criminal legislation in the field of implementing a differentiated approach to the implementation of criminal liability for women.