The philosophy of private deterrence in the penal code

• Jaafar Naser Abdulridha Kazan Federal University
• Qusay Ali Abbas Al-Nahrain University
• Salwan Jaber Hashim Al Nahrain University

Abstract

The aim of article was to discuss the philosophy of private deterrence under Iraq's penal code. The methodology adopted was the inductive approach, which helps to extrapolate legal texts with this study and the jurisprudence of legal jurists. The Legislator applies to the threat with punishment the harm and pain that will be inflicted on them if the crime is eaten by law, what is known as public deterrence speech. For its part, the special deterrent will be responsible for reforming the meaning and morality of the offender, following various means provided by the legislature and designing a method of education of the deprived of liberty, allowing them the voluntary work determined by the conditions of each penance conditions or even by the subsequent formal and informal reintegration mechanisms of ex-convictions.  It is concluded that these methods and others can contribute significantly to the achievement of the deterrence objectives, which is to reform and evaluate the offender's conduct according to criminal gravity on a case-by-case basis.

References

AHSAN MUBARAK, T. 2000. Voluntary Work for Inmates of Reform Institutions. First Edition. Naif Arab Academy for Security Sciences. Riyadh, Saudi Arabia.

AL-QAHWAJI, A.Q. 1985. Criminology and Punishment. University House. Beirut, Lebanon.

AL-TAHER, B. 2009. The Philosophy of the Punitive System in Algeria and the Rights of the Prisoner. Dar Al-Hoda for Printing, Publishing and Distribution. Beirut, Lebanon.

JONES, Jason. 2000. “Prisoner Litigation and the Mistake of Jenkins v. Haubert” In: Cornell Law Review. Vol. 86, No. 10, pp. 34-65.

KHIDR AL-JOURANI, N. 2007. Theory of Repentance in Criminal Law. PhD thesis. University of Babylon. Babylon, Iraq.

LYNN, Branham. 2001. “The Prison Litigation Reform Act’s Enigmatic Exhaustion Requirement: What It Means and What Congress, Courts and Correctional Officials Can Learn from It” In: Cornell Law Review. Vol. 86, No. 93, p. 483.

MEKKI, D. 2010. The Abstract in the Science of Punishment. 2nd edition. University Press Office. Algeria, Algiers.

SAOUS, Kheira A; SADANI, Nora Yahia. 2017. “Criminal Penalties Against Environmental Pollution According to The Provision of the Algerian Legislation” In: Journal of Juridical and Political Science. Vol. 6, No. 2, pp. 95-117.

STRACHAN, Anna. 2018. “The Criminal Justice System and Stability in Algeria. K4D Helpdesk Report. Brighton, UK” In: Institute of Development Studies. Available online. In: https://opendocs.ids.ac.uk/opendocs/handle/20.500.12413/13877. Fecha de consulta: 12/03/2019.

SUFOUH AL-AKHRAS, M. 1997. Rehabilitation programs and the realization of aftercare for the released. Arab Center for Security Studies and Training. Riyadh, Saudi Arabia.