A Brief Comparative law approach on the judicial individualisation of punishment Cover Image
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Scurte consideraţii de drept comparat privind individualizarea judiciară a pedepsei
A Brief Comparative law approach on the judicial individualisation of punishment

Author(s): Andreea Cîrciumaru
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
Published by: Editura Sitech
Keywords: Judges; discretionary powers; sentencing rules; criminal justice; comparative law;

Summary/Abstract: We intend to analyze briefly the provisions relating to the sentencing rules from the legal systems of some European countries and those of the Canadian law and the United States, in order to create a general overview of the field. The broadest discretionary powers are granted by the law to the judges in the Netherlands, given that the criminal justice system of this country does not provide for a special maximum applicable to different offenses and there is in the penal code no case to require the judge a minimum penalty below which he cannot descend. The other continental legal systems have proven quite similar to the Romanian one, knowing the same forms of individualization of penalties and giving the same degree of freedom of action to the judge in the operation of determining the concrete applicable sanction.

  • Issue Year: IV/2015
  • Issue No: 2
  • Page Range: 23-32
  • Page Count: 10
  • Language: Romanian