اتجاه جديد للعقوبات في التشريع العراقي : دراسة في نظام العقوبات البديلة

الملخص EN

To advance in any community and striving towards democracy must be accompanied by democratic practices, notably finding suitable and appropriate legislation and existing legislation or develop alternative to meet the requirements of the community evolved towards democratic pace, and in the region generally, whether in Iraq or in Kurdish Iraq seeks our people in finding solutions to their problems and issues, whether political or economic, which must be accompanied by social problems and solutions required by this community of multiple aspects of development in line with successful democratic experiments.

In the world, and the issue of alternative sanctions is devoting to this quest for developing rules on the requirement to achieve this balance between the development right of the community to protect its interests in providing peace and tranquility and stability and between human rights principles and preserve family entity of society, which is still the basis of our society.

Thus began the criminal jurisprudence tends to think about using new media to avoid previous disadvantages mentioned, invented the modern criminal policy alternative penal system, which guarantees to avoid internment in penal institutions, and given a chance to reform and rehabilitation outside the walls of the penal institution for the purposes of punishment, and on this basis, alternative penal system reflects the latest trends in the treatment of offenders and penal reform, Walid began experience indeed it did not codify and enters into various criminal legislation only after the test showed Its success and usefulness, having proved the futility of sanctions involving deprivation of liberty of short duration.

Therefore we will run this study extensively by knowing the extent to which alternative sanctions regime incorporated in the texts of the Iraqi Penal Code, which in turn is effective in the Kurdistan region of Iraq, in order to get rid of the negatives the legal penalties of deprivation of liberty of short duration, in order to keep pace with modern criminal legislation the Iraqi Penal Code, up to the level of contemporary criminal policy, and raising the defendant in penalties involving deprivation of liberty of short duration repair and rehabilitation away from bars Penal institutions, and not to get too far from society but can return to society and to do a good person doesn't think of committing a crime in the future and avoid all the above inconveniences.