Sentencing: reform issues Cover Image

Назначение наказания: проблемы реформирования
Sentencing: reform issues

Author(s): Aleksey Ivanovich Rarog
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: reform; court; sentence; mitigating and aggravating circumstances; punishment
Summary/Abstract: The article discusses positive and negative sides of judicial discretion. It emphasizes the need that the limits of judicial discretion in sentencing should be narrowed by formalizing mitigating and aggravating circumstances, which would contribute to the uniformity of criminal sentencing practice. It is emphasised that a reasonable compromise between the formal certainty of the Act and the evaluative activity of the court must be found in law enforcement.