GUIDELINES ON SENTENCING - PRO ET CONTRA. (English)

The recent amendment of the Criminal Code that provided the adoption of a Regulation regarding mandatory sentencing raised numerous debates considering the need for harmonization of the judicial practice regarding sentencing. The reactions towards this amendment of the Criminal Code remain almost completely negative having in mind, above all, the institutions of implementation of criminal justice that found themselves in a very inconvenient position of implementing a law contrary to their opinion and belief. This article aims to analyze the goals that led to the adoption of the Regulation as well as present the principle problems and contradictions regarding this document. Through analyzing the civil law and common law legal systems, the article aims to identify the root of the problem of regulating criminal law matters with documents other than laws. The article concludes with possible alternative solutions to the problem of uneven judicial practice and harmonization of criminal sentences. [ABSTRACT FROM AUTHOR]

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