سلطة المحكمة في تقدير العقوبة (دراسة مقارنة)

Abstract

Abstract Title: Court Authority in Assessing Punishment Preparation by: Yousif Issa Hamid Mokhayar Supervised by: Professor Privilege: Ahmed Ali Ibrahim Hamou ' This study was dealing with conflicts of court judgments because of the different estimate punishment of a judge to another, and that the lack of standards and regulations for legislative governor of the scope of the discretionary powers of the courts, and the extent to which a capacity for work, or to the different judges and modemity, some experience and varying abilities to carry out the process of appreciation, weight and convenience. This study followed the approach and method extrapolated comparative and analytical. Then study reviewed the concept of discretion and scope of their activities and controls that control, where the difference between the types of personal controls and objective set by the national legislation as a guarantor of the safety assessment. The study and degrees courts and authorities vested in it as shown in addition to the provisions of punishment and legal safeguards are mandated by law and the Constitution for signature. The study also addressed the court's authority in assessing the punishment of quantity and quality, and by identifying the minimum sentence and the maximum to her, and distinguished between types of legal systems in the estimation of the punishment somewhat between the penal system absence of constraints and alternative sanctions, and the provisions of each of them separately. Then discussed the legal and constitutional guarantees for assessing the penalty, on the one hand and the authority of the court in a more severe punishment, mitigate and stop the implementation of the other hand. The study concluded then in conclusion to a series of results, including Palace of the Penal Code (1991), the scope of authority of the court in assessing the punishment for crimes of punitive sanctions and so did the Penal Code (1983). And contrary to the laws of previous sanctions, which were estimated at appropriate penalties in all crimes where those laws did not provide for penalties of marginal crimes. And that the judicial authorities delegated to others in which the influence of the author of the forty justice and independence of the judiciary. In addition to the provisions of the criminal law in force it came free of the reference to the death of defamation provided for by the most contemporary legislation. Finally, the study found a number of recommendations including: amend the text of Article 39 of the Criminal Code and reformulated to become as follows: "The court has the authority to estimate the punishment punitive" The study also recommends adding ‘a legislative text entitled: standards and regulations for assessing the penalty image contained in the list of recommendations . And activating the Training Institute and judicial reform and enable it to play its role to the fullest in the field of rehabilitation and training of judges.