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The objective conditions of the Enforcement of punishment | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 1, Volume 9, Issue 2, 2019, Pages 1-85 PDF (2.33 M) | ||
| DOI: 10.37651/aujlps.2019.171614 | ||
| Author | ||
| KADHIM ABDULLAH HUSSEIN ALSAMMIRY | ||
| Baghdad University - College Of La | ||
| Abstract | ||
| Criminalization of any conduct require specific and organized legislative process. Their must be fundamental social interest need criminal law protection according to the principles of criminal policy adopted by the legislature. The legislature express his willingness to incriminating conduct through the formality of criminal rule. This rule (the criminal rule) constitute of two parts, the criminalizing part and punishment part.The first part describe the conduct model – act or – omission generally .and abstractly described. Crime as legal concept creating criminal status subjecting the offenders to the second part of criminal rule (punishment or precautionary measure). This is explained the structural connection between the crime and punishment. The judge task is to examine the conformity between the criminal alleged behavior and the legal model of that behavior 'by testing the existence of the elements of specific crime. Ensuring that existence followed automatically by enforcing the punishment determined by law.But in some cases legislature suspense enforcement of punishment on fulfillment of objective conditions regarding legal or material fact positive or negative, purely circumstantial . These facts are not related to the criminal. It's out of Legal model of the crime. Considerations for that can be linked to the policy of criminal justice and criteria of balancing among social interests.This is May illustrates the theoretical and practical importance of the research. In order to achieve this goal the research divided into three sections and introduction:•First section:The concept of the punishment objective conditions.•Second section:Subjectivity of the objective conditions. •Third section:Structure of legal model and the punishment objective conditions.•conclusionA- results B- suggestions | ||
| Keywords | ||
| conditions; objective; punishment; Criminal case | ||
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