Abstract
In order to make individualization possible, the Belgian criminal judge enjoys great discretionary power in sentencing and the execution of sentences. Recently, increasing importance has been attached to the person of the offender and his personal improvement. However, a great lack of clarity remains about how and in which way the judge gives substance to this in practice. The combination of great judicial freedom and a lack of knowledge about the interpretation of this freedom is untenable in the light of the consistency of jurisprudence, legal certainty and procedural justice. This PhD aims to address this issue by conducting comprehensive research on the role of recognition of responsibility, remorse and apologies in judge's decision-making in sentencing and the allocation of execution modalities. In doing so, the study will try to outline the current Belgian legal framework (law in the books) and its application in practice (law in action). Insights will also be gained into the meaning of these subjective concepts. Finally, the desirability of the current Belgian situation will be assessed in view of the above mentioned principles. In order to obtain a full overview, the classical legal method, consisting of an analysis of legislation, case law and legal doctrine, and the legal comparison with the Netherlands will be supplemented with empirical research and interdisciplinary research regarding legal psychology.
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