Comparing penalty ranges and mitigating factors

Supreme Court · Second Chamber (Penal) · 2023

What the Supreme Court considered and decided

The Supreme Court reduced a sexual-offence sentence by applying the more favourable 2022 reform. It compared the old and new penalty ranges and the effect of mitigating factors on the individual sentence.

What this helps explain

The comparison must be made on the whole case, not by choosing from each law only its most beneficial elements.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.