الأثر القانوني لتشريع مقترح قانون للأفراج الصحي عن المحكومين بعقوبات سالبة للحرية في التشريع الجنائي العراقي

Abstract EN

That life is the gift of heaven to man, and in no way can this gift be totally robbed of any person, and thus most of the heavenly laws and man-made laws came to regulate corporal punishment, whether the death penalty or penalties depriving of liberty, as the legislation of a system that allows the convict to a penalty A freedom-depriving original to enjoy a decision to release health with legal guarantees that will return him until he completes the implementation of the remainder of his freedom-depriving sentence in the event that official medical reports prove that he has a serious illness that threatens his life as a result of his stay in prison.

It is one of the products of the development of modern punitive policies, and the emergence of criminal schools The modern, which is concerned with the fact that punishment and the means and methods of its implementation achieve public and private deterrence and on the basis of the society’s benefit from it and among the reasons for imposing it in achieving the required deterrence.

Thus, humanitarian reasons call for states to take this legal system into account in implementing freedom-depriving penalties because of the justice in it in the event that the convict suffers a serious illness that threatens his life as a result of his stay in prison or because of execution, but it must be taken into account not to exploit this legal system In smuggling those convicted of serious crimes they committed against society, an exception should be made for the perpetrators of terrorist crimes and crimes that threaten peace and security in society..