Analysis of Sentencing Practice Regarding Multiple Crimes (Case Study of Certain Crimes Against Property)

Abstract

The lack of clear legal criteria to be taken into account when sentencing both for individual crimes and their multiplicity gives grounds to assume that the imperfection of jurisprudence of sentencing for multiplicity of criminal offences can be explained by the existence of dissimilarity in approaches to the choice of a particular type and duration of the final sentence, which is imposed on persons whose actions violate more than one criminal law prohibition. The author argues that this assumption can be confirmed by the absence of the prescribed legislative mechanism which would provide periodic review and improvement of the imposing punishment practice, its generalization and systematization. At the same time it is obvious that the degree of public danger alongside with reiteration of crimes and those who committed them requires a balanced and reasonable approach to the punishability of such acts. The author states that imposing minimum penalties for multiple offenses, which absorb more lenient punishment for another crime, may occur de jure, but should be justified by the extraordinary circumstances that characterize the criminal act and the person who committed it.