Analiza procesului de individualizarea judiciară a pedepselor
Analysis of the judicial individualization process of punishments

Summary/Abstract: Achieving the repressively and preventively purpose of the criminal law involves the establishment and application of one of the penalties provided by law to persons found guilty of committing a crime. The application of a conviction is the way in which criminal justice is administered and its individualization quantifies the fairness of the activity of the court. If the punishment is too merciless, even if the offender assumes the consequences of the criminal liability, once the court has found him guilty of an unlawful act, he will judge the decision as unjust, due to the fact that the prescribed treatment has no proportionate exponent in the objective and unlawful reality. This article aims to deeply analyse from a jurisprudential and doctrinal perspective the criteria that shape the process of judicial individualization of sentences, a very much developed/substantial process that must be done by also taking account into the particularities of each crime and the situation of the defendant, in order to be a firm response of society to punish anti-social behavior and to prevent its perpetuation.

• Details
• Contents