IMPOSING A SENTENCE IN THE CASE OF RECIDIVISM (ANALYSIS OF THE CASE LAW)

Abstract

Article 58 of the Criminal Code of Georgia defines the imperative rule of sentencing in case of recidivism, which, at first glance, establishes a simple legal regulation, however, judicial practice clearly shows problematic cases and difficulties of applying the mentioned norm. The rule of sentencing in the case of recidivism significantly limits the scope of the judge's discretion and, in the conditions of essentially identical legal circumstances, sets the same standard for all. In order to use the norm in a targeted way and to establish a uniform judicial practice, it is important to analyze the judicial practice, identify problematic issues and determine ways to solve them, which significantly determines the foreseeability of the norm and ensures the avoidance of errors in judicial proceedings.