فكرة العقوبة في التشريع الجنائي : دراسة مقارنة == The Idea Of Punishment In The Criminal Legislation Comparative Study
Author name:
زينب خليل ابراهيم
Supervisor name:
حسين عبد الصاحب عبد الكريم
General topic:
Law
Specific topic:
Criminal Law
Degree:
Master
University:
Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1481 - p.pdf
Abstract:
The punishment was the first picture of the social reaction against crime and the offender and the appearance associated with the presence of man on earth has taken punishment in primitive times because the crime represents an aggression on society must be matched reaction is located on the offender has evolved in the identification of human thought and purpose of the punishment ,The punishment was used as a means ( for revenge ) of the offender then became a kind of ( (Atonement) ) such as the evolution of thought punitive then the ( deterrence ) has become a key target for sanctions and then became the target of punishment in the criminal policy of modern means ( ( reform of the criminal and rehabilitation of social life sound ) )The subject of studyThis study ( ( the idea of punishment in the criminal legislation - a comparative study ) )The punishment was based on the idea ( ( aching ) ) has turned out to be insufficient to cope with the crime has evolved the idea of punishment in the penal laws is deterrence and general deterrence core of the philosophy of criminal punishment.Problem of the studyThe problem of the study in determining the standard of proportionality in the field of criminality and punishment and the need to reconcile the criminality and the protection of the rights and freedoms enshrined in the Universal Declaration of Human Rights adopted in 1948 , as well as international conventions and the constitutions and criminal legislation as the right to human life and the right to the integrity of the body.It will clarify the legal scope of this study to the authority of the judge in the criminal punishment estimate as well as the problem of balance in the criminal Qaeda.The importance of the studyThe penalty is the penalty prescribed by the criminal law for the benefit of the community to implement the court ruling on those found responsible for the crime to prevent the commission of the offense once again by the offender himself or by others.The idea of punishment in the criminal legislation of great importance at the present time because of this study guide the legislator to find the best tools in the fight against crime and the large number of penalties primitive such as death , skin and deprivation of liberty through imprisonment and confinement quality of the severe and simple. , And we will address the discrimination punishment for suspected conditions Legal the balance between criminalization and punishment and means to achieve this balance is required in the circumstances , whether ordinary or special.It also shows the importance of the study to answer the following question , what is the authority of the judge in the criminal punishment estimate ? Does politics play a modern criminal role in determining the idea of punishment.The study methodologyThis study is based on a comparative approach for the purpose of clarifying rehabilitation legal idea of punishment of criminal legislation by comparing the policies included in the law , the judiciary and criminal jurisprudence Iraq with a group of criminal laws, Arab and foreign countries as well as the position of the judiciary and the jurisprudence of them, through a review of the provisions of Rule criminal and reflect the differences or agreement or deficiencies between the Iraqi criminal law and comparative law and legal principles to clarify this issue with the use of the analytical method of the legal texts and judicial decisions in order to reach conclusions and solutions to the issues and molecules Thread unclear or not addressed by the law.
