كلية القانون - دكتوراه
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Item الخطوة الاجرامية(2014) خالد عوض السيد السعداويAbstract Criminal Danger Criminal danger is the feeling in the person ,consists of the interaction of several factors ; psychological, social and often leads to the emergence of phenomenon of crime , and this danger plays an important role in the modern penal systems, and that because the purpose of punishment is no longer limited to the punishment of the perpetrator to deter him , but it also extends to another purpose; i.e. To re- fix the criminal and rehabilitate him. The idea of criminal danger originated ,thanks to the researches and studies of the positivist school in Italy , which called for the necessity of determination of the judiciary reaction against crime, according to the seriousness of the crime of the offender , thereby rejecting the idea of the traditional school , as the positivist school denies the principle of freedom of choice for the offender , and tend to confirm the inevitability of criminal phenomenon , namely the principle of fatalism , and it means that the offender is driven by the crime under the influence of several factors , including what is internal due to the organic and psychological configuration of the criminal , other factors are external , due to the environment of this criminal and his conditions. So being the case , there is no talk on his accountability or blame on moral basis, but he is asked socially ,for being a source of danger to the community , which requires the protection of society from him , and that by taking precautionary measures against him , and the such measures are considered the most suitable way for social defense, which is designed to prevent the criminal danger of the criminal, and to put him in a place, were he cannot harm the society , and thus appeared the movement of social defense , an intellectual trend, aiming at defending society against the phenomenon of crime , a requirement that focus on committer of crime and the degree of his severity, and the development of appropriate measures to address this risk , and that from the premise that the purpose of punishment, must always be the protection of society against crime , in order to achieve this purpose , it should be and that the criminal penalty should be headed towards a particular goal i.e.; is to rehabilitate the criminal, on the one hand ,and the protection of society against crime in the future on the other hand , and, accordingly , jurisprudence has called for the need to organize the punishment ,on a way that rehabilitate the offender or is to prevent him from harming society , if criminal was و irreparable The criminal must be the intended to punishment, as long as the purpose of punishment is to rehabilitate him before anything else . The research discussed the position of Islamic law towards the criminal danger , the priorities of Islamic religion is to achieve security for its citizens Muslims and all mankind , so its way is heading in the treatment of crime by taking one of the many ways ; either to address it by provisions contained in the Holy Quran , identifying crime and the crime was named the limits and retribution , or by what Messenger of Allah ordered , and to obey him obey is necessary. As for the Sudanese legislator, it did not explicitly take the idea of criminal danger, because we find that the Criminal Code 1991 , provides, in articles (47 , 48 and 49) on some of the precautionary measures that are applied on the perpetrator of the crime , egg taking precautionary measures anti- freedom for each of whom was blocked for precaution , and the juvenile and the old are to be put in reform and social welfare houses , and those with mental illnesses to be put in one of the institutions for psychiatric treatment care where the he will find care . The Sudanese legislature has a special law on kids by devices in terms of the method of treatment of a criminal, according to his private capacity to the measures which can be imposed on child offenders or at risk of delinquency, the Child Act, 2010. The Libyan law defines the criminal danger in Criminal Law Act No. 48 of 1956 , by stating about the dangerous person in Article ( 135 ) , considering criminal danger as basis for preventive measures .