The individualization of punishment: Sentencing in Slovenia

Abstract

Sentencing issues are discussed at length in common law systems, but discussions infrequently include civil law systems. In an attempt to remedy this oversight somewhat, the article analyses the sentencing system in Slovenia, a fairly typical civil law country. The basis of the sentencing system is the concept of individualization of punishment, where proportionality is of the utmost importance and is set first by legislation determining sentencing ranges for specific offences and then by the judiciary aiming to narrow the ranges to an appropriate sentence in individual cases. The system is far from perfect, especially on the procedural side, but it offers a valid alternative to other sentencing solutions.