2017

Abstract:Until recently, theFrench judge’s obligation to provide a rationalefor the sentence imposed was an exceptional legal requirement. The general rule was that no rationale for the sentence was required. The exception was the justification required for imposing certain penalties. At the same time, the legislature could require the judge to provide a rationale for not imposing certain penalties. However, without waiting for the legislature to act, since the beginning of 2017 the Court of Cassation has developed a body of case law that appears to be moving toward making this obligation universal.

Keywords: reasoning , statutory requirement, sentencing, requirement established by case law, generalization of the reasoning behind the choice of sentence