The Impact of Prior Convictions on Sentencing Decisions in Croatia

Absztrakt

The role of prior convictions in sentencing remains a central and controversial issue in criminal justice. Whether repeat offenders should be punished more harshly because of their past conduct, or whether each offence should be assessed in isolation, with punishment tied solely to the harm and culpability of the current act is at stake. This research examines the main models through which criminal history is integrated into sentencing: the flat-rate model, which disregards prior convictions; the recidivist sentencing premium model, which systematically increases penalties for repeat offenders; and the progressive loss of mitigation model, which withdraws leniency once reoffending occurs. These approaches are explored through their normative justifications, practical application, and implications for proportionality, deterrence, and fairness. Building on this framework, the study explores how prior convictions influence sentencing in Croatia, both through legislative provisions of the Criminal Code and through judicial practice. By analysing statutory rules alongside practical implications, the research aims to assess whether the Croatian approach reflects principles of proportionality and fairness, or whether it risks reinforcing penal populism and ineffective policies.