نظام العقوبات و التدابير البديلة : نظام ذو ملامح خاصة لفلسفة عقابية متغيرة

Abstract EN

This article deals with the legal and philosophical structure of the concept of alternative penalties and measures – regardless of their forms or aspects – which are addressed by contemporary penal legislation in an attempt to respond to the changes in the philosophy of punishment and the concept of sanction.

This study proposes a legal discussion of two ideas, both of which are pertinent to the system of alternative penalties and measures.

While the first idea is based on the pivotal premise that this system, does not, in a legal sense, dissipate the idea of punishment or the objective of the criminal suit, but rather works to achieve its goals through a contemporary punitive vision; the second idea is based on the peculiarity of this system, which makes it distinct from other legal systems that have been persistently adopted by comparative penal and procedural legislation.

Thus, penal legislation whose adoption is still in the phase of evaluation, such as the Jordanian legislation, does not need, according to this study, a rigorous legislative surgery, as long as its legal structure is in no way prejudicial to the purposes and characteristics of the penalty, or even to the goals of the criminal suit.

On the contrary, the structure of alternative penalties and measures might achieve the goal of the criminal suit in a way that could surmount other legal systems they are in line with in the general legal context