discretionary sentence; discretionary penalty
A legal term for a sentence or penalty whose specifics are left to the discretion of the judge or authority, rather than being fixed by law.
A discretionary sentence is allowed for this crime.
The judge chose a discretionary penalty.
Compound of 処断 (shodan, 'decision; judgment') and 刑 (kei, 'penalty; punishment'). The exact historical derivation is uncertain; the term is used in modern legal contexts.