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case file, taking into account the softening and aggravating
circumstances.
In the application of restorative sanctions the issue is also
decided whether the offense was committed, but when specifying the
sanction, other problems are considered: the amount and procedure for
compensation for the damage (sometimes – the possibility of reducing
or installment payments), the way to eliminate the wrongful state,
reimbursement of losses and etc.
The lawfulness and validity of liability is connected with the
principle according to which nobody should accept a criminal or other
liability responsibility twice for the same offense. It means that no one
should be judged again or punished for a crime if finally he/she has
already been convicted or justified in accordance with the law and
procedural law.
The principle of "not twice in one" refers to the application of
penal and punitive sanctions and does not contradict the fact that
remedial sanctions are applied to the punished offender if his/her act
causes property or other damage (the scammer is not only punished,
but also the amount of stolen is charged from him; the hooligan who
broke the show-window, is punished for hooliganism and
compensates for the damage). In addition, the punishment provided by
the sanction may contain some limitation (imprisonment +
confiscation of property + deprivation of the right to occupy certain
positions).
The principle of responsibility is the contested action and the
right to protect the person brought to responsibility.
Competition is an important means to achieve the truth in the
case of an offense and to ensure the validity of the decision, a way to
overcome the accusational principle in investigating cases of a
violation, guaranteeing the rights of the person prosecuted.
The person involved in liability, that is, is officially charged with
the commission of an offense, is in fact in an unequal position with
his/her state authority authorized to apply coercive measures. The
presumption of innocence is connected with it: every person charged
with committing a crime has the right to be presumed innocent until
his/her guilt is proved in accordance with the procedure established by
law and established by the verdict of the court which comes into force.
The accused person in the criminal proceedings, as well as being
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