Active Repentance as an Incentivizing Tool of Criminal Law: Ukrainian Model

Abstract

For years one of the most fundamental questions of criminal law remains at the center of debate. What is the primary aim of criminal law, or, to put it simply, why do we need criminal law at all? Deterrence theorists claim that the primary justification of criminal legislation is to prevent and reduce crime.2 At the same time, retributivists advance the view that the primary aim of criminal legislation is to punish the offender, to give the wrongdoer the suffering she deserves.3 This discussion in legal scholarship is frequently intertwined with the debate about the justification of punishment. In his famous Prologomenon, H.L.A. Hart attempted