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Motivation of the decision The stakes of the motivation of a decision are crucial. Morally motivation is supposed to guarantee arbitrariness, but its virtues are also rational, intellectual, because motivating one’s decision imposes on the one who takes it the rigor of the reasoning, the relevance of the reasons for which he must be able to account. . If so, the reasoning will provide the necessary support to challenge the decision.
The importance of motivation in decision making:-
Motivation is a fundamental aspect of decision-making, serving both moral and rational goals. It guarantees fairness, prevents arbitrariness and obliges the decision maker to provide sound reasoning and justifications for his actions. Motivation plays a crucial role in questioning decisions, as it provides the necessary support for review and evaluation.
Legal Recidivism and Sentencing: Reasoning Requirements: –
According to Article 132-19 – Penal Code , judges are not required to provide specific justifications for pronouncing a firm prison sentence in the event of a legal recidivism. The Criminal Division of the Court of Cassation reaffirmed this principle in a judgment of May 23, 2012.
In a specific case involving a person convicted of driving under the influence of alcohol in a state of recidivism, the Court of Appeal justified the sentence by emphasizing the recidivist nature of the offense and the lack of education of the defendant on previous convictions. Although he found this argument insufficient, the respondent’s appeal was dismissed .
The Court of Cassation adheres strictly to the provisions of article 132-19, paragraph 2, and of the consecutive law of December 12, 2005 which imposes a specific statement of reasons when it comes to recidivism. The trial judge may rely on the mere existence of previous convictions, provided that all the conditions provided for in article 132-19, paragraph 2, are met, in particular the legal status of the repeat offense and the nature of the offense .
This strict enforcement of the law ensures consistency and uniformity in sentencing, emphasizing the role of legal recidivism in determining appropriate sentences. Although reasoning remains an essential aspect of decision-making, the requirements specific to recidivism cases allow judges to refer to previous convictions without elaborating at length on their reasoning, provided that the legal criteria are met.
