Gel punitive

Abstract

The law in every time and place aims to achieve justice, so the law stands on the side of justice, and therefore if one is achieved without the other, then this does not work, in order for justice to be achieved, there must be principles to achieve it, and perhaps one of the most important of these principles is (singularization of punishment). As the punitive singularity makes the punishment appropriate to the offender's personal circumstances, which are represented in the psychological, biological and social composition, as well as the punishment is appropriate to the state of the offender when committing the crime and after its commission on the one hand, and commensurate with the objective circumstances of the crime, which is represented in the method of committing the crime and the means used in its commission on the other hand. And the punishment shall be balanced with the harm that befell the victim and his family, and the harm that befell society to the extent necessary from a third side, and from a fourth side, the motive or motive for committing the crime must be noted. So, in order for the individualization of punishment to be achieved, the efforts of the three authorities of the state must be combined, where the legislative authority enacts laws, thus determining the penalty for each crime, aggravating and mitigating legal circumstances, mitigating and exempting excuses, and this is the legislative singularization of punishment, and the judicial authority applies the law within the limits set for it by The author of the text (the legislator) taking into account its discretionary power in imposing the penalty, and this is the judicial singularity. As for the executive authority, it implements the penalty in a manner that is consistent with the case of the offender and the purpose of the penalty, and this is the executive singularity of the penalty. In view of the importance of this topic and its role in achieving justice, and the desire of the researcher to collect its rules and rulings, we worked in this research to study it as follows: - Division of the study - The first topic