Sentencing the multiple offender: between deserv and proporcionality?

• In Event: Sentencing 5. Sentencing of Specific Crimes and Specific Offenders

Abstract

This presentation examines a problem that arises in all modern legal systems where the principle of legality and proportionality prevails: prosecution for multiple offences. Two institutions are essential in such cases: sentencing multiple crimes and recidivism.
First, the difference between the multiple offender (in same sentencing hearing) and the serial offender (in separate sentencing hearings), with the treatment primarily beneficial to the former.
Second, the difference between simultaneous offences (committed at the same time with a single action) and sequential offences (committed on different occasions without unity of action), the former being generally better treated.
The presentation will analyse the reasons for the difference in treatment at both levels by reference to an common law country and a continental country and will question both its rationale and its practicality.

Author

• Julia Castro Sánchez, University of Alicante