Drop the negative penalty for life In the traffic case

Hammed Hassan Alawi, Ahmed; Jasim Mohammed, Muaath

doi:10.37651/aujlps.2023.177060

	Drop the negative penalty for life In the traffic case
Journal of Anbar University for Law and Political Sciences
Article 23, Volume 12, Issue: 1 part 2, June 2022, Pages 187-222 PDF (1.29 M)
DOI: 10.37651/aujlps.2023.177060
Authors
Ahmed Hammed Hassan Alawi; Muaath Jasim Mohammed
Abstract
One of the modern criminal concepts mentioned by the legislator in Traffic Law No. (8) of 2019 is (dropping the penalty), which we are unfamiliar with in other penal laws. The omission here is not absolute but instead involves the penalty that negatively affects freedom without dropping the financial penalty (fine), as stated in the text Articles (36 and 37), and this concept may be similar to concepts that are similar to it in aspects and differ in others. Each of them operates in its legal and procedural sphere, and it does not correspond to the expiration of the case. That what distinguishes this term or the modern concept is its connection with the penal effect with other concepts, that the dropping of the penalty negative for freedom is the effect of waiver and consent, especially since the concept of compromise is also a modern concept that entered the criminal system and was stipulated in the traffic law. So, if we want to approach the concepts and terms of criminal legislation, there must be similarities and differences between the expiration of the criminal case and the dropping of the penalty.
Keywords
Drop penalty; Traffic suit; Traffic offenses; Waiver; consensual

Statistics Article View: 209 PDF Download: 132