دور محكمة التمييز في تطوير السياسة الجنائية في العراق

Abstract EN

Criminal policy is the science that aims to develop criminal law in the sense that it is an expression of what is to advance what should be, that is, its goal is to criticize the existing situation to reform it in the future.

after it has occurred, that is, it defines the strategy to confront the crime that the legislator, judge and enforcer must follow, and then it is a scientific and technical container for prevention and treatment.

the second is judicial and is represented by the policy that society seeks in the future from the judge.

the third is executive and is represented by the policy that society seeks in the future from the administration and the executive authority.

the criminalization policy differs from one society to another, where the interest worthy of criminal protection is determined according to the circumstances and needs of each society and is affected by its traditions and its economic, social and political system.

he must make amendments in line with that policy.

the punitive policy includes the principles on which the determination, application and implementation of penalties depend to achieve its objective.

both the criminalization policy and the punishment policy constitute one unit.

as for the judicial criminal policy, it directs the criminal judge regarding his choice of interest and its content, influenced by a certain philosophical thought that reflects its general trends and a political thought that defines the scope of these trends.

in our study, we will discuss the role of the judiciary in the stage of discrimination in developing the criminal policy with regard to determining the criminal penalty.

the court of cassation has an important role in determining the penalty, whether it is at the level of punishment or precautionary measures.