The author describes the historic evolution of the award of punishment, and he gives a critical comment, in criminological view, giving suggestions for theory and practice. Formerly the award of punishment was locally and timely varying greatly as to the degree, i.e. severe or gentle. Federal Court crime judges and recommendations of traffic justice conferences have contributed to standardization. The criminal law reform has introduced a novel notion "defence of the legal pattern", which might lead to variations afresh. There is a need in a moderate, equal and effective award of punishment in conjunction with an undelayed and definite prosecution.
Abstract