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العنوان
السياسة الجنائية للإعفاء والتخفيف من العقاب فى القانون العراقى /
المؤلف
الطائي، بكر عمار هادي.
هيئة الاعداد
باحث / بكر عمار هادي الطائي
مشرف / أكمل يوسف السعيد يوسف
مناقش / أحمد لطفي السيد مرعي
مناقش / مصطفى علي خلف
الموضوع
القانون الجنائي. القانون الجنائي - العراق. قانون الإجراءات الجنائية - العراق.
تاريخ النشر
2022.
عدد الصفحات
مصدر الكترونى (342 صفحة).
اللغة
العربية
الدرجة
ماجستير
التخصص
قانون
تاريخ الإجازة
1/1/2022
مكان الإجازة
جامعة المنصورة - كلية الحقوق - قسم القانون الجنائي
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 342

from 342

المستخلص

The various segments of society are very interested in criminal policy, in view of its responsibilities, especially that society always seeks to achieve justice. This is done by imposing appropriate punishment on anyone who disturbs his security and endangers his interests and stability. Society does not like to see an offender who commits a crime being released by pardoning or reducing his sentence. Which requires us to clarify this by reading the criminal policy that prompted the legislator to such legislative permitting of exemption and mitigation of punishment in certain crimes, and knowledge of the conditions of this exemption and mitigation that must be met by the person benefiting from it in order to reach the social interest that is first in the care that achieves this exemption and mitigation; To be considered as a means to combat crime, or limit its spread. The principle of legality is also the guarantee of the rights and freedoms of individuals, as a person is only punished based on a crime that was stipulated in a law and that precedes the commission of the criminal act. However, there are some cases in which the legislator excludes the application of the penalty to the offender if one of the conditions of mitigation or exemption is met. from punishment for considerations related to penal criminal policy whenever it is in the interest of society. Exemption and mitigation of punishment is not a legalization of the act, or the erasure of criminal responsibility, rather it is a decision in the interest of society, and that the offender realizes in his act and in his person the elements of criminal responsibility and entitlement to punishment, and all the effect of exemption or mitigation of punishment is only dropping or mitigating the penalty for the offender after The stability of his conviction without affecting the establishment of the crime in itself, and the realization of its elements. Therefore, this thesis was divided into an introductory chapter and two chapters, the introductory chapter entitled: What is an exemption from punishment and excuses that mitigate punishment, and the first chapter is entitled: Exemption from applications in cases of comparison and the application of Iraqi law and the problems that exemptions from punishment And the effects it produces, and the second part: listing the applications of cases of mitigation of punishment in Iraqi law and some comparative laws, and their effects.