إشكاليات تطبيق العقوبات السالبة للحرية و الحلول البديلة : دراسة مقارنة

Abstract EN

This study handles problems of applying freedom depriving penalties and their alternative solutions.

Some types of penalties raised a wide jurisprudential argument on the appropriateness of their application, and their feasibility in achieving function punishment of deterring the offender and the repair and evaluation, and perhaps raised in this regard, the issue of multiple penalties of deprivation of freedom, and whether this multi-worthy to stay, or is it better to take the penalty deprivation of freedom of a single image, in which the classification is sentenced to different categories, each category under the method of execution was appropriate.

This is known as the problem of doctrinal consolidation issue penalties of deprivation of freedom.

On the other hand, A jurisprudential debate has arisen about the penalties of deprivation of freedom of short-term in terms of determining their duration and their implications.

many directions have appeared in recent times that call into question the achievement of these sanctions to their goals.

The reason for this is due to the sanctions, given the short duration, may not be able to penal institutions from the application of reform programs and calendar targeted, but on the contrary will not allow the convicted person only contact those who are oldest than in the crime, may be affected by them, and tries to emulate them and, on the third: it emerged as another problem, related to a combination of punishment, and precautionary measure and we will study these problems in terms of three, as follows: - The problem of standardization of penalties of deprivation of freedom.

- The problem of negative sanctions for the freedom of short duration.

- Alternatives of Freedom Depriving penalties.