New Punitive Trend Alternative Sanctions Model In Iraq

Muter, Hussein Khalil

doi:10.63677/jqlap.2024.185037

	New Punitive Trend Alternative Sanctions Model In Iraq
AL-Qadisiya Journal For Law and Political Sciences
Volume 15, Issue: 2 part 2, December 2024, Pages 295-312 PDF (407.18 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2024.185037
Author
Hussein Khalil Muter^*
Basra And Arabian Gulf Studies Center / University of Basra
Abstract
There are several methods of punitive treatment, the most important of which are the penalties of deprivation of freedom, represented by depriving the convict’s freedom by placing him in one of the penal institutions. In view of the negatives of this method of punishment, thinking has turned to searching for alternative ways and methods to penalties of deprivation of freedom, especially short-term deprivation of freedom. Finally, the concerned jurists and legislators found their way through the alternative penalties system, which is based on replacing the penalty of deprivation of freedom with another penalty of greater benefit, but according to specific conditions and controls. In Iraq, we have not noticed a positive response to this type of punishment, and the reason lies in the lack of practical preliminaries paving the way for adopting this system. Due to the many negatives of custodial sentences, especially short-term sentences, legislations of various systems have sought to establish an alternative punishment system. The problem lies in the effectiveness of this type of punishment and the extent to which the Iraqi criminal legislator has responded to the introduction of alternative punishments to custodial sentences within the scope of the Iraqi criminal system.
Keywords
Alternative punishment; Custodial sentence; Criminal danger

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