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Sentence individualization calculator

From the statutory range to the resulting range: degree of execution, participation and modifying circumstances under arts. 62, 63, 66 and 70 CP.

Compute the resulting range

Base penalty range of the offence (penalty set by law)

Minimum penalty

Maximum penalty

For computation purposes, each year counts as 360 days and each month as 30 (penological convention).

Enter a base penalty range with values greater than zero.

Modifying circumstances (art. 66.1 CP)

Enter the base penalty range of the offence and the circumstances of the case, then press “Compute resulting range”. The calculation runs entirely in your browser: no data is sent or stored.

Sentence individualization is the process by which a court, starting from the abstract penalty range the law sets for an offence, arrives at the specific penalty for a given case. The starting point is art. 61 CP: when the law sets a penalty, it is understood to apply to the principals of a completed offence. The rules in arts. 62 to 70 CP then operate on that base range in a set order.

First comes the degree of execution: an attempt carries the penalty one or two degrees below that of the completed offence (art. 62 CP), depending on the inherent danger of the attempt and the degree of execution reached. Next, the form of participation: an accomplice receives the penalty one degree below that set for the principal (art. 63 CP). Only then do mitigating and aggravating circumstances apply under the rules of art. 66.1 CP: with none, the full range (rule 6); one mitigating circumstance, the lower half (rule 1); two or more mitigating circumstances or one highly qualified, one or two degrees lower (rule 2); one or two aggravating circumstances, the upper half (rule 3); more than two aggravating circumstances, a possible higher degree in its lower half (rule 4); and where both classes concur, rational offsetting (rule 7).

The mathematics of moving up or down a degree is fixed by art. 70 CP. The higher degree starts from the range’s maximum and adds half of its amount (its new minimum is the previous maximum plus one day). The lower degree starts from the minimum and deducts half of it (its new maximum is the previous minimum minus one day). The day is treated as an indivisible penological unit (art. 70.2 CP). Art. 71 CP also allows going below the statutory minimums of each penalty class, with a special substitution rule for prison terms under three months.

This calculator reproduces those operations for guidance only. The result does not replace judicial reasoning: arts. 66.6 and 72 CP require the court to state in the judgment the degree and specific extent of the penalty, having regard to personal circumstances and the gravity of the act. Certain offences also have special penalty-determination rules not reflected here.

Frequently asked questions

In what order are the sentence-individualization rules applied?

First the degree of execution (art. 62 CP: an attempt drops one or two degrees), then the form of participation (art. 63 CP: an accomplice drops one degree) and finally the mitigating and aggravating circumstances under art. 66.1 CP. Each operation is performed on the range that results from the previous one.

How is the higher-degree penalty calculated?

Under art. 70.1.1 CP, you start from the range’s maximum and add half of its amount; that sum is the new maximum. The new minimum is the original maximum plus one day. Example: a range of 3 to 6 years rises to a range of 6 years and one day up to 9 years.

How is the lower-degree penalty calculated?

Under art. 70.1.2 CP, you start from the range’s minimum and deduct half of its amount; the result is the new minimum. The new maximum is the original minimum minus one day. Example: a range of 4 to 6 years drops to a range of 2 years up to 4 years minus one day.

What extent of the penalty applies depending on the circumstances?

With no mitigating or aggravating circumstances, the full range (art. 66.1.6 CP). One mitigating circumstance, the lower half (rule 1). Two or more mitigating circumstances or one highly qualified, one or two degrees lower (rule 2). One or two aggravating circumstances, the upper half (rule 3). More than two aggravating circumstances, a possible higher degree in its lower half (rule 4).

What happens when mitigating and aggravating circumstances concur?

Art. 66.1.7 CP requires the court to weigh and offset them rationally. If, after offsetting, a qualified basis for mitigation persists, the lower-degree penalty applies; if a qualified basis for aggravation persists, the upper half applies. In balance, the full range of the framework is available.

Can the penalty fall below the statutory minimum of its class?

Yes. Art. 71.1 CP provides that, when determining the lower-degree penalty, the court is not bound by the minimum amounts of each penalty class. Moreover, if a prison term under three months results, art. 71.2 CP substitutes it in every case with a fine, community service or permanent location.

Does this calculator work for any offence?

It is designed for serious and less-serious intentional offences with fixed rules. For minor and negligent offences, art. 66.2 CP imposes no such rules but the court’s prudent discretion. Certain offences also have special penalty-determination rules not reflected here. The result is informational and does not replace judicial reasoning (art. 72 CP).

Important notice

Informational automatic-calculation tool. It is not legal advice and does not predict the outcome of any proceeding. Sentence individualization rests solely with the court, which must give reasons under arts. 66 and 72 CP according to the circumstances of the case. Certain offences have special penalty-determination rules not covered here. The calculation runs entirely in your browser; no data is collected or transmitted.

Need to fine-tune the penalty sought against you?

We analyse the degree of execution, the form of participation and the mitigating circumstances to argue a lower degree or the most favourable extent within the range, with the reasoning required by arts. 66 and 72 CP.

Discuss your case91 078 65 74

Related articles and resources

Art. 66 CP: rules for applying mitigating and aggravating circumstances

Art. 70 CP: forming the higher and lower degrees of penalty

Art. 62 CP: penalty for attempt

Art. 63 CP: penalty for the accomplice

Art. 71 CP: going below the minimum and substituting short prison terms

Limitation periods for offences and penalties

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