حدود سلطة القاضي الجنائي في تفريد العقوبة

Abstract EN

The principle of judicial exclusivity is one of the most important principles of modern criminal policy.

The penalty was the first form of criminal punishment of a social reaction against the crime and the offender whose appearance was linked to the appearance of a human being.

The circumstances of the offender and the circumstances of the crime, within the limits of the power granted to him by law.

In order to apply this principle (separation of punishment), the legislator places at the disposal of the criminal judge various means by which he can apply this case to each individual case.

These methods make the text a flexible tool for punishment until the required abstraction is achieved.

The judge can also use his power to reduce and tighten the sentence through a system of extenuating and aggravating circumstances, and this system needs special requirements