Open AccessThe new possibility of methodology of sentencing in Croatia de lege ferenda – the new improved formula
Author(s) -
Marta Dragičević Prtenjača
Publication year - 2020
Publication title -
zbornik radova pravnog fakulteta u splitu
Language(s) - English
Resource type - Journals
eISSN - 1847-0459
pISSN - 0584-9063
DOI - 10.31141/zrpfs.2020.57.136.585
Subject(s) - punishment (psychology) , law , legal certainty , harmonization , proposition , sentence , certainty , economic justice , criminal law , political science , civil law (civil law) , the republic , order (exchange) , process (computing) , law and economics , sociology , public law , economics , psychology , computer science , philosophy , social psychology , epistemology , finance , artificial intelligence , aesthetics , operating system
The inconsistent case law seems to be a relatively big problem because it affects confidence in justice and legal certainty. The background of this problem is process of sentencing. In Croatia there is no methodology for determining the punishment. Of course, the Croatian Penal Code has the norms which regulate the purpose of punishment and it, in some generic form, stipulates the circumstances which can be relevant for determining the punishment. However, it does not say anything about the process itself nor does it define the methodology to carry it out. During this process the court has to bear in mind the purpose of sentencing and the perpetrators guilt, in order for punishment to be proper and would correspond to the severity of the committed offense. Hence, as here is no methodology no one can be sure whether or not this process was lege artis. In that regard author give their proposition of possible solution to this matter. They are suggesting the introduction of non-mandatory ‘formula’ for sentencing into the Croatian criminal law system. The formula would now be improvedAnd more appropriate than the previous one. Author believe ‘the formula’ should contribute to the harmonization of case-law in Croatia and to the preservation of the principle of legal certainty and finally the rule of law. Similar solutions already exist in some countries. The Republic of North Macedonia, which incorporates the civil or continentallaw system, introduced the special Law for the Determination of the Type and Duration of Sentence in 2015, while the United States have beenapplying the Sentencing Guidelines since 1987.