الغرامة البديلة : دراسة مقارنة

Abstract EN

The alternative fine occupies the forefront of many penal laws at the present time because of its increasing importance and effectiveness as one of the most important alternatives through which the disadvantages of deprivation of liberty can be avoided, especially the short duration of them.

Within this framework, the Iraqi legislator has recently moved towards adopting a replacement system Penalty depriving liberty with a fine, as it was included in a draft law under the title "Law to replace freedom-depriving punishment with a fine".

The purpose is to give opportunities to some of those convicted for intentional crimes and offenses that are not of a serious nature.

Moreover, it is to reduce the expenses that burden the state, as well as to add resources to the state treasury.

Hence the importance of researching the issue of the alternative fine, especially within the scope of the above draft law, in order to clarify the most important positive and negative effects resulting from the adoption of the system of substituting a penalty depriving liberty with a fine, and whether this system would achieve the objectives of the punishment represented by deterrence-of its two types-public and private-And the re-reform and re-habilitation of the convict in comparison with the goal of developing the state's public revenues.