THE EFFECT OF LEGAL EXCUSES ON PUNISHMENT (A COMPARATIVE LEGAL STUDY) | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 3, Volume 9, issue 34 part 2, August 2020, Pages 111-161 PDF (723.1 K) | ||
| Author | ||
| Hamdad M. Al-Marzani | ||
| Abstract | ||
| The law aims at all times and places to achieve justice, because the existence of the law without achieving justice is useless, and on the contrary, justice is not achieved without the issuance of an appropriate law from the legislative authority, and also in the case of committing the crime and imposing the punishment on the perpetrator, the judge must note the personal circumstances of the offender that are In terms of the psychological, biological and social formation, and thus the punishment is appropriate to the condition of the perpetrator at the time and after the commission of the crime on the one hand, and proportionate to the objective circumstances of the crime, which are represented in the method of committing the crime and the means used in its commission, and the punishment is parallel to the harm suffered by the victim and his family with the harm caused Society has been affected to the extent necessary, and the motivation for committing the crime must be noted, and it all revolves around the effect of legal excuses on punishment | ||
| Keywords | ||
| excuses; penal code; Iraq; punishment; crime | ||
|
Statistics Article View: 106 PDF Download: 48 |
||