AL-Qadisiya Journal For Law and Political Sciences

إستبدال العقوبات السالبة للحرية بالغرامة في السياسة الجنائية المعاصرة مقاربة فلسفية في الفكر العقابي الحديث

https://doi.org/10.63677/jqlap.2021.180392
Volume 12, المؤتمر العلمي الدولي الافتراضي الاول لطلبة الدراسات العليا في كليات القانون
Spring 2021
Pages 1189-1208
AL-Qadisiya Journal For Law and Political Sciences

Author

م. م. علي حمزة جبر

AL-Qadisiya Journal

Abstract
After the development of the state’s functions, the expansion of its powers, the steady increase in the population and the advancement of the legal philosophical thought, keeping up with these developments has become a duty dictated by necessity, as the criminal policy cannot stay according to the traditional measurements of its establishment, which emerged according to the penal schools based on the expansion of penalties depriving freedom In particular, the imprisonment penalty, provided that such an approach, if it is correct in a certain circumstance, may not be valid in other times and situations. Hence, the same necessity was found for the emergence of alternative punishments on the one hand and the idea of substituting imprisonment penalties for the fine penalty on the other side as one of its applications. Although this approach has taken its way between legislative texts, it faces many problems in implementation, accompanied by some jurisprudential objections, which led us to a detailed examination of this idea as an attempt to understand its legal dimensions from a philosophical aspect..



 

Keywords

Replacement
the principle of rationalization of punishment
the idea of punitive transformation
the fine
modern criminal policy
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  • Receive Date 28 August 2023

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