نظرية العقوبة المبررة كآلية لتحقيق العدالة الجنائية

الملخص EN

This research seeks to analyse the justification of punishment theory as a procedure allow the refusal of cassation appeal, wither in the judgment / decision that includes a mistake in application of the law, especially when the sentence imposed is the same one that should have been imposed, if there is no mistake in the application of the law.

This Theory was founded as a judicial practice in France after the jurisprudence of the Court of Cassation, then was moved to Morocco and Egypt for the same reason.

However, it faces challenges in the cases of the requirements of criminal justice, which obligate judicial institution to adhere to a number of regulations and conditions, that codify the application of this theory, in order to the commitment to criminal law and acheiving the judicial exclusivity for the sentence imposed.