Question juridique clé
Whether the sentencing court committed arbitrariness or violated former Art. 63 and 66 CP by relying on the gravity, motives, and manner of the instigation to murder.
Solution extraite
No. The court may consider the intensity of circumstances relevant to the offence and sentence the offender according to culpability; no improper double counting occurred.
Motifs extraits
The sentencing judge has broad discretion. Factors that define the offence may still be considered in sentencing to the extent of their intensity. Motives, execution and lack of scruples are also relevant to culpability under former Art. 63 CP.