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• Some theoretical and Practical Issues of Sentencing

  11-25

  Ágnes Pápai-Tarr

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  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.