محدودية سلطات القاضي في تخفيف الجزاءات البدنية في المادة الجمركية

Abstract EN

What distinguishes the customs law in its injunction is that it distinguishes it from the other special laws, which are clearly reflected in the customs penalty mitigation modelled on the general penal code.

it gives the criminal judge a range of powers recognized in the general rules while restricting him under its explicit and clear provisions.

the judge's power to assess the appropriate corporal punishment for any violation of customs laws lies in that freedom, which he acquires in sentencing that is compatible with the nature of the customs offence and the penalties prescribed to him in conformity with the general principles, the foremost of which is the principle of punitive uniqueness.

and all the judge's obligation in this case is to respect the conditions imposed by law, the judge thus actively contributes to the administration of justice, and the limits of his powers appear in the adjudication of the customs dispute before him, which has been endorsed by many of the supreme court's jurisprudence.