Freedom of impression. The judge's assessment of the purpose of the sanction, in individualizing sanctions. Absolute power or sentencing guideline

• In Event: Sentencing. Between utopia and dystopia Part I

Abstract

If we define the law as a system of ideas, values, principles, norms, institutions, methods, mechanisms, processes etc. we acknowledge that all this component should be enforced by a judge. Otherwise, the system might fail. Research on crime and punishment has significantly advanced the understanding of human reaction to restriction of liberty. This paper aims to provide a foundation of new criteria of individualization involving the society and call into question the judge margin of appreciation. This special issue is based on the practical experience of the author as lawyer specialised in criminal cases. The author challenges to core theoretical and methodological assumptions underlying our case law.

Author

• Andreea Elena Ceauș, Faculty of Law, University of Bucharest