التفريد القضائي للعقوبة و دوره في تحقيق المساواة في القانون الجنائي

Abstract EN

Judicial exclusivity is one of the most important punitive methods to eliminate the defects resulting from the use of the principle of olute equality (arithmetic), which is represented in determining penalties and not allowing any differentiation in criminal treatment between offenders, in addition to that it achieves the justice that the criminal law targets.

This is because achieving equality is not complete unless the punishment is compatible or commensurate with the person of the perpetrator and the circumstances of his crime, as in light of the development of the function and objectives of the criminal law, which was reflected in the concept of equality, it has become not satisfied with achieving this formal equality, but rather requires achieving equality less and more realistic and then closer To achieve justice, and this requires singling out a single judgment according to the different special circumstances, and it is evident that this realistic equality cannot be achieved by relying on the texts of the law alone.

True equality means that each convict receives a measure commensurate with the circumstances surrounding his crime, and responds to the various aspects of his personality, and this would pave the way for his reform and increase the chances of his evaluation.