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Rationalization Of Punishment In Contemporary Criminal Policy, ٍSafaa Otani
Rationalization Of Punishment In Contemporary Criminal Policy, ٍSafaa Otani
UAEU Law Journal
The aim of this study is to highlight the problem of divergence between the principles established in the legal conscience related to minimizing state intervention in enforcing punishment, and the current expansion of the Criminal Law. This problem caused contemporary jurisprudence to sound the alarm that the consequences will be serious, and there is an urgent need to draw new boundaries for the criminal policy under which the Criminal Law operates. Rationalization of punishment is one of the guiding principles which advocate non-excessive use of punitive means to achieve social control, and the pursuit of alternative ways of fighting crimes …
Problematic Of Implicit Cancellation Of Criminal Legal Texts (In Light Of The Principles Of Legality And Validity Of The Penal Provisions In Terms Of Time), Omar Abdul Majid Mosbih
Problematic Of Implicit Cancellation Of Criminal Legal Texts (In Light Of The Principles Of Legality And Validity Of The Penal Provisions In Terms Of Time), Omar Abdul Majid Mosbih
UAEU Law Journal
This study deals with the problem of implicit cancellation of the criminal texts (in light of the principles of legality and effectiveness of the criminal rule in terms time); the study is divided to two sections: first, the general principles of rules pertaining to the implicit cancellation of the criminal texts and in section II: the impact of implicit cancellation rule on legislative and judicial policy. We show that legislative basis should distance itself from the lack of precision, which is the product of the current understanding of the idea of cancellation as the more apparent idea and determines the …