Unit 7: Sentencing System
7.1 Concept of Sentencing
Sentencing = the court’s determination of the legal consequence of conviction — the punishment’s type and quantum, and the conditions of its execution. It is criminal adjudication’s second judgment: the first (conviction) answers did the accused do it?; the second answers what shall be done with the convicted? Sentencing is where penology’s theories (Unit 5) and criminology’s factors (Unit 3) enter the courtroom: the sentence must be lawful (within the offence’s prescribed range — the legality principle’s sentencing face), proportionate (to gravity and culpability), individualised (to the offender’s circumstances) and consistent (like cases alike). Nepal’s frame: the Criminal Code 2074’s penalty-ranges for each offence + the Criminal Offences (Sentencing and Execution) Act 2074 — the sentencing-hearing discipline, the purposes and grounds the court must weigh, and the execution machinery (imprisonment, fine, community service, probation, parole, open custody — Unit 6.6).
7.2 Difference between Conviction and Sentencing
| Point | Conviction | Sentencing |
|---|---|---|
| Question | Guilt — did the accused commit the offence? | Consequence — what shall be imposed? |
| Standard | Beyond reasonable doubt | Discretion guided by law (not a doubt-standard) |
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