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مبدا المساواة في القانون الجنائي : دراسة مقارنة == Principle Equality In Criminal Law Comparative Study
Author name:
حسين ياسين طاهر
Supervisor name:
اسراء محمد علي سالم
General topic:
Law
Specific topic:
Criminal Law
Degree:
Doctorate
University:
University of Babylon - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Babylon
First pages:
13T1558 - p.pdf
Abstract:
مبدا المساواة من المبادئ الاساسية التي يتوقف عليها تحقيق العدالة من خلال ضمان عدم التمييز بين الاشخاص بسبب الجنس او العرق او القومية او الاصل او اللون او الدين او المذهب او المعتقد او الراي او الوضع الاقتصادي او الاجتماعي، لذلك يكفل عدم التمييز بين الاشخا | Equality is regard as a basic principle in criminal law , the fair depend on equality which is all the people ideal target to reach so the powerful men try to concern and pretending equality this is from one side , from the other side the rules of criminal laws conducted with most important rights of human being like his life , body safety , and his freedom and this is cannot be done without non discrimination because of the race, root , or nationality or color or religion or believe or opinion or economic situation or social situation , so non discrimination among people can guaranteed the equality to convince people with absence of non discrimination , but this can face some difficulties in applying because of the privileges awarded to some people due to their law positions and the nature of protected rights by criminal text laws ,so the literal applying of equality caused non equality due to the un fair affected whom their legal positions or the rights under assault so the legislator working to resolve the non discriminated practically with abstract view regardless of personal considerations due to the coverage of solo discrimination is impossible. to reach the equality and getting the target of penalty and guaranteed its effectiveness the judicial power awarded estimated power to increase the rehabilitation versus the hurts of punishment and because both is reached during executions the judicial power authorize the means which could complete the target of punishment by considerations of personal discriminations.The importance of equality in judicial law include all the texts parts and regulations process parts. the changing in the target of penalty reflects on most principals of judicial law including equality which take a modern concept different from the previous concepts. previously the equality was viewed as numerical legal aspect for all people without discrimination and this is a result for logical criminal concepts but after transition in punishment of crimes the personal standard arise and offender start to viewed as person out of right side and the target of punishment is rehabilitations and to reach that the fitness of punishment with the offender should be taken as reality.To cover the subject of research we take it in three parts : The first part is what is the equality in criminal law which is divided into two research the first one subjected to the principal of equality in criminal law.The second part subjected to the basic and its unity of equality in criminal law.The second part subjected with the legal provisions of equality in criminal law which include two research the first for texts for equality in criminal law.The second research for regulations of equality in criminal law.The third parts subjected to two researches the first one for exceptions in equality of crimes and punishments which we deal it in two research.The first one for some exceptions for crime and punishment.The second for the exceptions in rules of regulations
