One of the most common questions clients ask in criminal proceedings is: “How much will I get?” However, the answer is never simply a number. The primary goal of law enforcement is prevention: to prevent both the perpetrator and others from committing further crimes in the future. The means of achieving this is through the imposition of penalties, whether in the form of fines, community service, disqualification from employment, or imprisonment.

Sentence ranges: what does the judge start from?

The Criminal Code specifies a sentence range for each crime, which defines a lower and upper limit. For example, for robbery, this ranges from 2 to 8 years’ imprisonment. Within this range, the judge starts from the midpoint. The midpoint is half the sum of the lower and upper limits of the penalty range, in our case (2+8=10, half of which is 5, so the midpoint in this case is 5), and the judge assesses the aggravating or mitigating circumstances in relation to this. The greater weight of the aggravating circumstance(s) increases the actual sentence imposed compared to the average, while the preponderance of mitigating circumstances reduces it. These circumstances must be examined separately for each act and each defendant, which is why it may happen that two defendants receive completely different penalties for the “same” act.

What does the court take into account when imposing a penalty?

According to Section 80 of the Criminal Code and Opinion No. 56 of the Supreme Court, the severity of the punishment is determined by several factors. These include, but are not limited to:

The material gravity of the act: The harm caused by the crime is important, as material damage and psychological impact are different, and the number of victims involved is also very important. This also includes whether the act qualifies as aggravated (e.g., committed by a group, with weapons, for significant value, etc.). These aggravating circumstances also increase the penalty range.

The degree of guilt: Intentional (and, within that, deliberate) acts are always considered more serious than negligent ones.

Danger of the perpetrator to society: Here, individual circumstances such as criminal record, lifestyle, likelihood of reoffending, and cooperation during the proceedings are particularly important.

Other mitigating and aggravating circumstances: Typical aggravating circumstances include committing the crime with an accomplice, if the crime has become particularly widespread, or if the perpetrator was intoxicated or under the influence of drugs through their own fault. On the other hand, mitigating circumstances include a clean criminal record, confession and remorse, compensation for damages, old age, and the passage of time.

Suspended prison sentence: when can it be considered?

An important question is whether the prison sentence will be enforced or whether there is a chance of suspension.

A suspended prison sentence (among other conditions) may be granted if the sentence imposed is not longer than two years, or if, based on the personal circumstances of the defendant, it can be expected that the prison sentence will achieve its purpose even without enforcement, i.e., that the defendant will behave in a law-abiding manner.

How much can a lawyer’s work contribute to this? More than you might think!

The nature and severity of the punishment can generally be significantly influenced by effective defense work.

If there is no realistic chance of avoiding punishment, it is crucial to have a good strategy regarding the circumstances of sentencing and to be able to consider other alternative or procedural “escape routes.”

It may come as a surprise, but certain mitigating circumstances can still be presented even after the act has been committed, while certain aggravating circumstances can be avoided. In addition, it is necessary to organize these circumstances into a logical system, which can easily determine whether, for example, the client will actually have to go to prison or how much of a fine they will have to pay. Developing and implementing a good strategy is therefore crucial, without which the outcome of the case can easily take a turn for the worse.

In summary, there is no single answer to this question. The severity of the punishment always depends on the specific circumstances, and in many cases, a significantly milder legal consequence can be achieved with the right defense strategy.