Judicial separation in juvenile crimes
Author: Awad Hussein Yassin and Dr. Manar Abdel Mohsen Abdel Ghani
Download PDF
Summary:
The essence of the idea of judicial exclusivity is to allow the judge to apply the penalty, taking into account the personal circumstances of the offender and his special circumstances, in such a way that the punishment imposed on the offender is appropriate to his personal circumstances and circumstances. The judge does not observe the literal application of the penalty. Eligibility of the offender to take responsibility or to indicate the criminal risk of the offender.
Judicial exclusivity has an important function because it is based on the judge's discretion in assessing the sentence, which is distinct from the "legislative distinction" based on the provisions of the law and the "executive separation", which focuses on the procedures for the execution of the sentence, which is a stage after the sentence.
The power of the judge to separate the punishment or measure cannot be absolute for every restriction or abstraction for every officer or free of all control, but must be subject to the principle of legality and does not go out, and that the sentence is subject to the penalty of a higher court of the Court issued by the province The integrity and unity of law enforcement, the maintenance of the rights of individuals and the judge's dimensions of the error in understanding the provisions of the law, and the consequent error in the application of the law and to reduce the arbitrariness of the judge's discretion.