The impact the omission of the President on the death sentences ratification | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 8, Issue 2, June 2016, Pages 9-64 | ||
| Authors | ||
| A.P.Dr. Ali Hamzah A.Al- Khafagy; A.P.Dr. Alaa Abdul Hassan Alaanzi; Alaa Wadeea abdulsada Al-Abadi | ||
| Abstract | ||
| the subject of the impact of the President's failure to executions authentication of important issues at the present time, The Constitution authorizes the president for many functions, including the competence to ratify the death sentences and this jurisdiction binding him, but the President of the Republic refrain from authentication without a legal reason, this omission is a position contrary with respect for the law and the provisions of the prestige of the judiciary and is a breach of the constitutional duties rests with the President. Since the President represents the unity of Iraq code and sovereignty of the country and oversees the guarantees of adherence to the constitution is practiced part of the public authority, as has my name from the average citizen center legal status, and is more a person demands to provide the necessary protection, whether legal or political or security of the community. It then raised the criminal responsibility of the President of the Republic as a result of this omission, the president of the republic directly responsible for the implementation of those provisions in the form drawn by the law and which will contribute to addressing those who committed crimes necessitated eradicated from society and social gravity and to protect society from the continuation of committing such crimes. And to refrain from executions authentication ripple effects extend to the political, social and security of life in the country, failure to ratify the death sentences lead to the absence of the purpose of the punishment which is to achieve justice and to achieve the private and public deterrence, and lead to escape death row and the spread of terrorism and then increase the commission of crimes by convicts death both inside prisons or through their relationships Balarhabiyn outside the prison, and not to executions lead to a breach of the principle of legality and thus damage the public interest community . | ||
| Keywords | ||
| omission; president; ratification | ||
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