Keywords : Punishment

Judicial oversight of the proportionality between crime and disciplinary punishment

Mustafa Rasull Husain; Rezan Saeid hama Sharif

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 506-531

Proportionality in the field of disciplinary punishment means a restriction of the freedom of the disciplinary authority to impose punishment. The penalty shall be unlawful if it exceeds the reasonable limit, and the administration must impose the penalty in proportion to the act committed in violation of the law by the public servant. And the discipline of the public servant is one of the important matters in the field of civil service, as it is an effective way to prevent the employee from being negligent in performing his work and putting an end to the mistakes committed by him. Chief among them is judicial oversight. The principle of proportionality is considered one of the general legal principles, the administrative judiciary monitors the behavior of the administration when it imposes a disciplinary penalty and the extent to which the proportionality between the act committed and the imposed penalty is achieved. This oversight is considered an important guarantee of the guarantees established for the public employee, and it is one of the necessary principles to achieve the principle of legality that requires respect for the law. The administrative judiciary abolished the penalty because it was not commensurate with the act committed by the employee.


Shaima Z.mohammad

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 1, Pages 360-376

Detention is a precautionary procedure ordered by a judicial authority to place the defendant in custody for specified period, as required by the investigation department and within the limits set forth by the law. Detention is one of the most serious measures in which it clearly highest the contradiction between two conflicting remedies, the freedom of the individual, the accused is innocent until proven guilty. He cannot be deprived of his liberty before his conviction is found. However, detention is justified by the interest of investigation and is lawful as long as it is taken in accordance with the law and in order to protect the public interest which may require infringement of the defendant’s freedom


Hamdad M. Al-Marzani

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 111-161

The law aims at all times and places to achieve justice, because the existence of the law without achieving justice is useless, and on the contrary, justice is not achieved without the issuance of an appropriate law from the legislative authority, and also in the case of committing the crime and imposing the punishment on the perpetrator, the judge must note the personal circumstances of the offender that are In terms of the psychological, biological and social formation, and thus the punishment is appropriate to the condition of the perpetrator at the time and after the commission of the crime on the one hand, and proportionate to the objective circumstances of the crime, which are represented in the method of committing the crime and the means used in its commission, and the punishment is parallel to the harm suffered by the victim and his family with the harm caused Society has been affected to the extent necessary, and the motivation for committing the crime must be noted, and it all revolves around the effect of legal excuses on punishment


Zuhair E. Aljadiry

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 237-258

Between fighting international crime and the pressures of international political influences, the International Criminal Court has been struggling since its foundation to conform between applying international law against perpetrators and trying to avoid pressure exerted on it by the countries of political influence in the world. The objective of international judiciary is to fight international crimes of extreme impact on humans, like genocides, crimes against humanity, occupation and settlement crimes and aggression crimes, which are serious crimes. But the obstacles placed against it by the International Security Council of which its members rely in their actions to their countries political and economic interests. Where such obstacles limit the Court's function in trying to achieve justice in the world, where aggression crimes cannot be looked into by the International Criminal Court before being referred to it by the International Security Council, which is one of the main obstacles placed against it.