تفريد العقوبة الجزائية في القانون الفيدرالي الأمريكي و النظام السعودي : دراسة مقارنة

الملخص EN

This study provides an analytical comparison of individu-alization of criminal punishment in both U.S.

criminal federal law and Saudi criminal law.

It addresses some of the most important elements related to individualization of punishment that revolve around its concept and the mechanism used to implement it.

This is done through an explanation and com-parison between the two legal systems.

Punishment is individualized in the U.S.

federal system by referring to the application of the Federal Sentencing Guidelines.

Unlike the guidelines implemented in the Amer-ican federal system, there are no general organizational guidelines for the individualization of criminal punishment in the Saudi penal system.

The individualization of punishment in the Saudi penal system is mostly linked to the discretion-ary authority of the judge, which he exercises within the limits of the legal regulation.

The study concludes that the mechanism used to individ-ualize punishment according to the U.S.

Federal Sentencing Guidelines has a significant role and impact on regulating the discretionary authority of criminal judges, which strengthens the unity and consistency of criminal judicial rulings