The concept of sentencing: another question of legal interpretation

Abstract

Although the concept of sentencing is one of the basic categories of the doctrine of criminal sanctions, its uncertain boundaries have caused complications in many cases decided by the Hungarian Supreme Court, the Hungarian Constitutional Court and the European Court of Human Rights. The study presents the broader and narrower notions of sentencing by reviewing the German and Hungarian literature. Beyond this, however, the author developed the formal and material concept of sentencing. With this conceptual apparatus, the study analyses provisions that a) fall under the concept of sentencing, b) applicable to (or are based on) the imposed punishment, and c) are based on the concept of sentencing. The most important scientific result of the research is the demonstration that by the application of the latter two types of provisions the concept of sentencing also appears as a question of legal interpretation and has practical relevance.