How are punishments determined in criminal law?

Correct sentencing in Spanish criminal law is crucial to ensure fairness and proportionality in the imposition of punishments for criminal conduct. This process involves several principles and procedures aimed at adapting the penalty to the seriousness of the offence and the individual circumstances of the offender. Below, we set out how sentencing is organised and the factors that the courts consider.

Broad and specific penal framework

The broad criminal framework refers to the legal provisions that set out the penalties for different types of offences in generic terms. These provisions are found in the Penal Code and specify the ranges of penalties applicable to each offence. On the other hand, the specific penal framework refers to the concrete application of those penalties to a particular case, considering the specific circumstances of the offence and the offender.

Qualitative and quantitative estimation of punishment

Qualitative and quantitative sentencing involves assessing both the nature of the offence (qualitative) and the severity of the punishment (quantitative). This process is essential to ensure that the penalty imposed is proportionate and appropriate to the criminal conduct.

Determination of Penalties

The determination of penalties in criminal law is based on the establishment of a range of penalties for each offence, known as the [basic type]. This range can be adapted upwards or downwards depending on the specific circumstances of the case, resulting in an [aggravated type] or [attenuated type].

The following method is used to assess the lower and upper penalty range:

- Lower penalty in degree: The range of the basic penalty is lowered by one degree. For example, if the basic range is three to six years, the lower degree sentence would be one and a half to three years.

- Higher degree penalty: The range of the basic penalty is increased by one degree. Using the same example, the upper range penalty would be six to nine years.

Personalisation of the sentence

Personalisation of punishment is the process by which the judge adapts the punishment provided for in the specific criminal framework to the particular circumstances of the offender and the offence.

The factors taken into account in this process are as follows:

- The seriousness of the offence.

- The specific circumstances of its commission.

- The degree of involvement of the offender.

- the offender's previous criminal record

- The conduct subsequent to the offence.

The purpose is to ensure that the penalty imposed is not only fair, but also adequate for the re-education of the offender.

Conclusion

The calculation of penalties in criminal law is a detailed process that seeks to ensure fairness and proportionality in every situation. Through the broad and specific penal framework, the precise determination of penalties and the individualisation of sentencing, courts are able to impose fair and appropriate sanctions. These principles and procedures are paramount to maintaining the fairness of the penal system and ensuring the re-education of offenders.