The Role of the Court in Judicial Individualization of Criminal Punishment, in Particular Circumstances, in Light of the New Criminal Code

摘要

Regulating the new Criminal Code recognizes the judge a greater discretion regarding the sentence individualization be it in terms of exacerbating it for concurrent offenses or crimes committed in a state of relapse reaching the life imprisonment penalty or be it waived from criminal penalty in certain cases, of course the appreciation of the judge can occur only if the conditions imposed by criminal law are met. This is not a discretionary power as the punishment of life imprisonment under art. 39 para. 2 or art. 43 paragraph 3 of the New Criminal Code, namely waiving applying the punishment under art. 80 para. 1 of the new Criminal Code does not depend exclusively on the will of the judge.