حدود سلطة القاضي في تقدير العقوبة كأحد متطلبات السياسة العقابية الحديثة

Abstract EN

The judge's discretion as regards the penal sanctions is an essential part of modern punitive policies.

the circumstances of the offense and the offender are the justifying ground of the differing estimations of sentences that vary from one case to another.

the judge is, therefore, obliged to deal with cases on a case-by-case basis, which leads to different results, mitigating or aggravating the penalties, and which leads to different penalties for the same type of offense.

the criminal judge exercises his discretional power, according to his personal conviction, which results in rendering fair judgments in the matter and contributes to the achievement of the main purpose of the sentence, namely general or special deterrence.

however, the scope of this discretion must not trespass the limits of legality of the criminal sanction that should be within the scope of its minimum and maximum limits.