Gravedad del hecho, circunstancias del sujeto y finalidad penalla pena justa
ISSN: 2007-4700
Year of publication: 2014
Issue: 6
Pages: 83-112
Type: Article
More publications in: Revista penal México
Abstract
The process of individualization of penalties imposed for the offense ends with a relatively discretionary prosecution. In what must be a regulated discretion (legally explicit or implicitly derived from the current preventive and consequence-oriented criminal law), and not an experience of mere arbitrariness , courts must address the seriousness of the deed and the circumstances of the perpetrator. This paper analyzes the aim to take into account in the process of individualization of the penalties, the specific criteria and how to motivate, always, every decision the courts makes.