E-mail: [email protected]
Mobile: +964(0)7504731854
Author: Miss. Helles Youns Abdulaziz
Abstract: The right in apply punishment considers between principle that turns back to courts in order to make punishments suitable with crime, take to consideration all circumstances around it. Who steals for starvation and differs from who steals to gain what others have without having right and who commits a crime in an anger moment, differs from who commits a crime intentionally or already through about. And who commits a crime by mistake differs from who commits it intentionally to hurt others. And who never commits any crime (who does not have record) differs from who along history of illegal events and criminal rules and according to this, including laws status, rules include that punishments suit with crimes with consideration of circumstances around the events, the style which depends courts in order to unique the punishment uses criminal laws text. Which determines every crime a punishment includes choice whether putting in jail or paying a fine or both of them, and in huge crimes determines punishment execution or putting in jail forever or temporary, and the judge must evaluate the circumstances the case and choose the penalty to be imposed in accordance with the circumstances of the case the punishment shall be commuted to the those who didn’t intend to harm or unintentionally misrepresent the case and to aggravate it to those who deliberately repeat or commit it. The law permitted the punishment of the offender to imprisonment or fine or both in accordance with gravity of the offense. The law also allows for the imposition of a suspended sentence or only for a certain period of time and some similar legislation has allowed the offender to be placed in rehabilitation centers or health care in drugs or alcohol abuse cases adopted by most legislation in this area where in many cases it has been distinguished in pronouncing the sentence between the cases it has been distinguished mentioned for example but not limited to, it is recognized that the right to punishment is one of the most important characteristics of modern criminal legislation, which means that the punishment is commensurate with the crime the penalty is to vary in order to suit the situation of each individual whose punishment is intended. The basis of this theory is that the punishment is the means of reforming the sentenced person. the penalty should not be applied in vain. It must be the same. In order to achieve this, punishment should not be defined in advance in a precise and rigid manner, nor should it be regulated in a manner that dose not accept change because its objective is individual. Access to it is done by means of a special policy appropriate to the circumstances and not by applying a law that is not aware of the types and situations elimination. This article examines the crime and its sections, the concept of punishment, its distinction from other penalties resulting from the crime, its types, purposes and guarantee, clarifying the uniqueness of the criminal penalty in the implementation phase, the judge is authority to assess the sentence as an abstraction, Etc..
Download the PDF Document from here.
doi:10.23918/ilic2018.14
——————————————–
Journal of Law and political science
ISSN: 2079-3901
16th year , No.(23), 10 May 2018
Vol.(1): Special Issue