Newsletter
CRIMINAL SENTENCES MUST BE PROPORTIONAL
Article 310 Item 3 of the Code of Criminal Pro-cedure provides that when deciding a sentence for an offender, a judge must consider the sen-tencing rules set forth in Articles 57 and 58 of the Penal Code. But in the past, in certain cases in which the circumstances of the offenses were very similar, different judges have handed down very different penalties, and judges almost never explain in specific terms how they arrive at the sentences they impose. However, in a 2001 criminal judgment, the Supreme Court stated that although sentencing is a matter for the discretion of the courts, when exercising this power courts are nonetheless bound by general legal principles such as proportionality and equality, and cannot act according to whim. They must also state specific and clear reasons for the level of sen-tence imposed. Sentencing must not be sup-ported merely by abstract and empty language.