JUDICIAL DISCRETION AND PRINCIPLES OF PENAL LAW

Abstract

The article describes the problems of broad judicial discretion in sentencing, discusses the relation of judicial discretion and criminal law principles. The conclusion is that in order to avoid making biased decisions by the judges, the exclusion of the human factor, and possibly to guide novice judges, the creation of a single-item scale of penalties depending on the circumstances of the case considered by the court at sentencing.