| Abstract [eng] |
SUMMARY Principles of sentencing regulation Karolina Sinotova The Master's thesis examines the principles governing sentencing and their interaction with the exercise of judicial discretion. The articles of the Criminal Code that establish the rules of sentencing, the insights provided by scholars, case law and other relevant literature are analysed to reveal the topic. The imposition of penalties depends on the result to be achieved and the objectives of the punishment. The paper analyses the provisions formulated by the legislator to indicate the possibilities for the court to impose individualised sentences. It also examines whether there are strict limitations that the court must observe when imposing a sentence, or whether the judge has full discretion. The first part of the thesis deals with the concept of legal principles and their significance. In order to understand the difference between a 'principle' and a 'norm', the concept is clarified and scholarly opinions are presented. It also analyses the principles of sentencing derived from the criminal law: the principle of the general regulation of sentencing, the principle of chance, the principle of total aggregation of sentences and the principle of partial aggregation of sentences. Their significance and the extent to which their application is possible and mandatory for the court are analysed. The sentencing process occupies an important place in criminal law. The ability of the judge to impose types and levels of punishment that ensure justice is one of the most important purposes of criminal law. Everyone has the right to a fair trial, and the legislator must ensure that the judge has sufficient discretion to do so. The principles which flow from the regulation of sentencing are important both in terms of the discretion of the judge and in terms of ensuring the purpose of sentencing and the proportionality of sentences. |
