Gerechte Strafen ohne Gleichheit?

Courts must find an appropriate sentence in the tension between individualization and equal treatment during sentencing. This dissertation demonstrates in its dogmatic part that individualization is incorrectly given priority in case law. The consequences were made clear in the context of an empirical study involving nearly 240 judges: there are significant differences among them in sentencing. The assumption that as much discretion as possible leads to appropriate sentences must therefore be at least questioned. Finally, the work outlines measures to improve the consistency of sentencing without making individual case assessments impossible.