Abstract Book of the 9th International Academic Conference on Research in Social Sciences
Year: 2025
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The Principle of Proportionality in Sentencing: Between Repression and Rehabilitation in Contemporary Criminal Law
Mihai Ștefănoaia
ABSTRACT:
This paper explores the dialectical tension between repression and rehabilitation within the framework of the principle of proportionality as applied in contemporary criminal sentencing. The principle of proportionality, a cornerstone of both national penal systems and international human rights jurisprudence, demands a careful balance between the severity of the sanction and the gravity of the offense, while also considering the offender’s individual circumstances. In this context, the paper examines how modern penal law reconciles punitive objectives with rehabilitative ideals, particularly under the growing influence of European standards imposed by the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union.
The central objective of the research is to evaluate the operationalization of the proportionality principle in sentencing practices, and its implications for judicial discretion, penal legitimacy, and the offender’s resocialization. The study is guided by several key research questions: (1) How is the proportionality principle interpreted and applied in contemporary penal systems, particularly in Romanian criminal law? (2) To what extent does proportionality mediate the conflict between the repressive function of punishment and the rehabilitative mandate of modern criminal justice? (3) What normative and jurisprudential tensions arise when attempting to align domestic penal norms with supranational human rights standards? By addressing these questions through doctrinal analysis and comparative legal perspectives, this paper aims to contribute to the ongoing debate on the humanization of punishment and the recalibration of repressive legal mechanisms in light of restorative justice paradigms.
Keywords: proportionality, sentencing, repression, rehabilitation, European standards, criminal law