Sentencing in Continental and Common Law System: A Comparative Approach

11h45 à 12h30
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Demetra Sorvatzioti is an Assistant Professor in the law department of the University of Nicosia and is practicing law since 1990 in both Greek and Cypriot jurisdictions. Her expertise is criminal law, evidence, criminal procedure and criminology. Main researches areas: criminology, comparative law, sentencing, sexual offenders, social exclusion and criminal justice.

Summary : Sentencing is relatively similar in the common law and continental systems in that both occur post-trial. They are dissimilar however, in that the common law system has a separate trial for sentencing purposes while the continental system has neither method nor procedure for sentencing examination. In the common law system evidence and arguments regarding all mitigating and aggravating factors occur in the sentencing trial where the Court issues a separate decision on it. In the continental system any mitigating and aggravating factor is examined within the substantive trial and is actually considered as part of sentencing. As sentencing is a crucial part of the criminal trial, which is linked to the rehabilitation and recidivism of the convicted person, in the continental system it lacks the necessary procedural frame and hearing detail. This paper will therefore argue that the common law system is not only structured but also more focused in the criminological and legal aspect of sentencing.

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