Principles of Sentencing

Principles of Sentencing in Europe

Principles of Sentencing in Germany

Provisions relating to principles of sentencing in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Second Title, Sentencing,” located in Section 46 Principles of sentencing, which reads: (1) The guilt of the offender is the basis for sentencing. The effects which the sentence can be expected to have on the offenders future life in society shall be taken into account. (2) When sentencing the court shall weigh the circumstances in favour of and against the offender. Consideration shall in particular be given to the motives and aims of the offender; the attitude re ected in the offence and the degree of force of will involved in its commission; the degree of the violation of the offenders duties; the modus operandi and the consequences caused by the offence to the extent that the offender is to blame for them; the offenders prior history, his personal and financial circumstances; his conduct after the offence, particularly his efforts to make restitution for the harm caused as well as the offenders efforts at reconciliation with the victim. (3) Circumstances which are already statutory elements of the offence must not be considered.



  1. The content of the translated German penal code in relation to principles of sentencing is current as of 2010

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