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• Some theoretical and Practical Issues of Sentencing

  11-25

  Ágnes Pápai-Tarr

  Views:

  276

  Sentencing is connected to the trial stage of the criminal procedure; more precisely, it takes place at its end. Judges fulfil only a part, and not even the hardest one, of their duty by establishing criminal liability as a result of the evidentiary procedure. Sentencing is a rather complex and complicated process. Judges face a lot of expectations: they often have to reconcile contradictory expectations with each other in order to impose a satisfactory sentence for the parties. The process of sentencing has received intense criticism. Sometimes judges are accused of imposing unduly lenient sentences or criticized for too severe punishments.

  Another problem is presented by the fact that different sentences are passed for crimes of the same sort at different courts in the country. Sentencing thus raises many theoretical questions that I seek to answer in the study.

• Imposing Punishments in Practice: The Practice of Imposing Sentences on Drink Driving Based on File Research

  114-132

  Ágnes Pápai-Tarr

  Views:

  223

  I researched the practice of imposing punishments on drink driving in the area of authority of the Court of Debrecen, as a major part of a comprehensive study of the imposition of sentences. The main aim of the research was to collect data about the imposition practice regarding offences which are committed en masse, and result in uncomplicated judgements. Another aim was to study how detailed was the exploration of the factors concerning the personality of the offender, and to what extent the judge could take into account such information during the individualised imposition process. This study describes the results of the file research, primarily focusing on the observations regarding the imposition of certain types of sanctions.

• The Importance of the Offender's Personality in the Infliction Process, Particularly as Regards the Criminal Records

  91-108

  Ágnes Pápai-Tarr

  Views:

  281

  During the infliction process, the judiciary needs to take into account the accused person’s personal circumstances, a process which also consists of the thorough exploration of the criminal records of the accused. It has to be considered whether the accused has committed any crime, and has been sentenced before, and if they have been, how many times, when, for what crime, and, last but not least, what the sentence was. These factors may greatly influence the inflicted punishment as a clean record is usually considered by the judiciary as a mitigating circumstance, while recidivists, offenders who pose an increased risk to society, are more seriously penalised. The penal literature of the last few decades lacks thorough studies on the previous criminal records of offenders. In my study paper and research, I attempt to make up for this shortage by examining the criminal records of the offender as a criterion of the infliction process. My aim is to present the actual judicial practise beyond the effective legislative environment and call attention to certain anomalies.