Between innocence, punishment, exemption and suspension. When are these provisions applied?

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Venue: Cairo Criminal Court

Time: Beginning of this week

"The court guard comes out of the courtroom with his public voice to repeat his famous speech. After the court has finished writing the verdicts, amidst the crowds of people inside the hall, they breathe a sigh of relief and perspire in a very hot atmosphere and groan and clap their pain in a smoke-.

The court comes out of the deliberation room and its members sit on the podium and sentence the defendants in silence. Those serving sentences are between 15 and 15 years of age, and the prison is suspended and suspended, while the voices are louder and louder than the sentences of their children. The provisions of innocence or exemptions .. And this raises questions from the mouths of the people, chanting .. Why countries of the provisions and countries of innocence and exemption countries and countries to stop the implementation of the punishment? In other words, why did the court use clemency with the accused, while escalating the penalties with others, as well as exempting them from the accused and suspending them for another, and what are the fundamental differences between the issue of suspension and exemption?

In fact, punishment in criminal law worldwide is aimed directly at protecting societies, their values ​​and their immunities, as well as the protection of human beings, their property and property. The idea of ​​punishment is aimed at implementing the punishment imposed by criminal law, whether death, imprisonment, imprisonment or fine, to achieve deterrence between the private and the public, The general in legal terms is to alert and warn others of the violation of the street or the law, while the special deterrent Stjr and ends the perpetrator and the injustice of his hands committed a sin and offense against others.

In this regard, Dr. Ahmed Ganzouri, a professor of criminal law and legal expert, says that the penalties in fact are divided into original punishment and complementary punishment,:

The penalty is criminal :

The punishment shall be a penalty for the offense, and the fact that the punishment is subsequently a result of an act and a consequence thereof. A penalty may not be imposed unless a crime is committed and a certainty is proved by conviction in the case of the accused for the offense .

The punishment is a penalty for a criminal offense that gives it a criminal character, distinguishing it from other sanctions that do not have this nature, such as civil compensation and disciplinary punishment. Consequently, society has the right to punishment, and it is the only one who can relinquish it .

The punishment is intentional :

Photos: Ilam Maanawi – Ilam criminal, Ilam Madi .

The essence of the punishment is the pain, and the multiple images of the imam are characterized by the multiplicity and diversity of the rights that affect them. It may take the form of physical ill-treatment, such as the death penalty that affects the right to life, and may take the form of mental illusions such as psychological punishments, the spreading of the sentence and its adhesion, which affects the sentenced person in his reputation and consideration, The limes are material, such as financial penalties such as fines that affect property rights .

It is sufficient in the punishment to be painful, and the officer in that is the usual person, do not lose the penalty, even if it is proved that some of the sentenced did not feel pain, because the lesson what I want is to be painful, and this psychological impact generates a sense of fear among the general public Of the punishment of violation of the rules of the Penal Code, which ensures respect.

–For example, an original penalty for the property and property of the accused, such as a fine, or due to his or her liberty, such as imprisonment, imprisonment or restitution on his or her body as the death penalty.

–The penalty that is dependent on the rights of the accused or the perpetrator himself, by losing or depriving him of the privileges, not having the rank and testimony before the courts, as well as the dismissal of Emiri posts, the situation under the supervision of the police, as well as confiscation of funds and private property.

The question of the use of compassion

On the question of the use of clemency, according to the Ganzouri, there may be personal circumstances and circumstances related to the perpetrator, which justify the judge's ability to use clemency with the offender, in order to achieve the social interest better as the most powerful of the convicted and reformed, His return in the future to commit the crimes, then the penalty may be commuted, replaced and removed from the limit prescribed by law to a degree or two lower and lighter steps to the text of Article 17 – Penalties.

If the court determines the age of the perpetrator or his or her past or the circumstances and circumstances of the commission of the crime, it is believed that he will not return to the violation of the law, and will refrain from the acts of crime, may be in crimes and misdemeanors when sentenced to imprisonment for a period not exceeding one year that The suspension shall be for a period of three years from the day on which the judgment becomes final, and if A sentence of imprisonment or a prior conviction has been issued against the sentenced person during that period How imprisonment against him, he may cancel a commitment to stop execution of the sentence text of the article – 56. The last of the law.

Stop the execution of the sentence

As for the suspension of the execution of the sentence, it is meant by criminal penalties in the true sense, without other sanctions which are not considered to be strictly punishable under the law, even if the meaning of the penalty, such as fines, fees and other penalties, Suspension of implementation temporarily by means of execution in cases where there is a mistake in the character of the sentenced.

Exemption and suspension of punishment

It is very different to stop the execution of the sentence for exemption from it, which may be at the judgment or after it is issued. The considerations are related to the fight against corruption and the urge to report it. In crimes of assaulting public funds such as bribery, embezzlement, etc., if the accused confesses to the crime and informs the perpetrators, The punishment of the offender when pronouncing judgment.

And for the purpose of social interests or justifications and considerations of humanitarian and security and others, it is necessary to issue an order or a decision to exempt the perpetrator of the penalty and release, or to drop some of the sentence sentenced to or replaced by a lighter sentence pursuant to the text of Article «74» penalties, and is the concern of the legislator In the penal code and some special laws, to the expiry of the public proceedings if there is a reconciliation between the litigants in cases of beatings, stoning, betrayal of trust, taxes, checks, etc. The judge's ruling on the termination of the case shall be conciliation without judicial sanctions Rh law.

(t) Penalties (t) Exemption from punishment (t) Suspension of punishment (t) Penal Code