الحبس القصير كعقوبة للردع و الإصلاح

Abstract EN

This article revolves around the penalty of short imprisonment and the extent to which it achieves deterrence in the public and private sectors, and reform and rehabilitation of the accused from several aspects, most notably in the fruits of that punishment that is supposed to be achieved, as the punishment is the beginning to achieve its goals, it must achieve the general deterrence of the masses of people in general not to any of them dare later on That criminal act in the provisions of the Penal Code because they see the reaction of the legislator in response to that crime that was committed by individual people and the consequences of that punishment, and that the punishment also achieves the special deterrence that returns to the perpetrator of the same act in not repeating that crime again for what he suffered The effect of what he did does not return to her again, and also the extent of the possibility of punishment to achieve reform and rehabilitation for the imprisoned in order to reintegrate into society again without being distorted by that punishment and leaving him with a distinctive impact that returns to him and his family psychologically and socially among people or without making him a criminal of a degree higher than it was before the penalty was executed, and that the penalty intended to be applied to the offender does not extend its effect to anyone other than the offender’s person only, whether directly or indirectly.

Short imprisonment as a penalty for crimes described as misdemeanour, which does not exceed one year in most cases, is in simple crimes whose owners are ordinary people who have committed these crimes without precedent or by mistake.

As a punishment for the above-mentioned characteristics, as it extends indirectly to the impersonality of the imprisoned from his family and to others who have obligations that are impossible to fulfill in the light of the implementation of that punishment, and also lacks the aspect of reform, where that category of ordinary people who have been forced by exceptional circumstances to prison and thus mixing with those who are more severe than them A crime in the prison community, which increases their danger, and the public expenses incurred by the state in order to implement that punishment, and the loss of privacy surrounding the prisoner in the prison community, which foretells the need to explore alternatives to that punishment that lacks many of the elements and characteristics of punishment when applying to that category mentioned in the short period.

Punishment in the Islamic system differentiated between hudud and retribution crimes and punishment crimes, where in the first punishments assessed by the wise legislator, no other can be applied as the legislator separated them, and the second is left to the discretion of the ruler according to the public interest, which are punishments in which it is permissible to search for alternatives to penalties as decided by the public interest.