Keywords : CRIMINAL LAW


CRIMINAL PROTECTION OF HUMAN DIGNITY IN THE FACE OF BIOLOGY APPLICATIONS (IN THE STUDY OF ANGLO - AMERICAN، FRENCH AND IRAQI LAW)

Yasir Mohammed Abdullah; Ali Abdul Abbas Naeem

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 83-112

Human enjoy a range of rights that can not live without them and that will preserve and maintain the dignity of what makes him live within the community's security and calm and tranquility، so increased great interest among modern societies in this subject، and preoccupied doctrine and the judiciary also in order to provide the necessary protection، and the intervention of the legislature in turn to dedicate this protection at the international and local level، so that ensured that all international charters and conventions and constitutions in most countries of the world and different internal legislation the subject of human rights in general، as an independent human rights acquired by nature، and which can maintain and protect Crum Its not touch and respect for his humanity and also in front of the acceleration of medical developments T-coming days after the last purpose of which reduce the time and exceeded the usual traditional borders، including morality، which constitutes a barrier to skip it sometimes offense law when it constitutes an attack on human dignity

JUDICIAL SINGULARITY OF PUNISHMENT AND ITS ROLE IN ACHIEVING EQUALITY IN CRIMINAL LAW (Quoted)

Nawfal .A. Abdullah Al-Safou; Hani . Y. Ahmed

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 2, Pages 85-122

Judicial exclusivity is one of the most important punitive methods to eliminate the defects resulting from the use of the principle of absolute equality (arithmetic), which is represented in determining penalties and not allowing any differentiation in criminal treatment between offenders, in addition to that it achieves the justice that the criminal law targets. This is because achieving equality is not complete unless the punishment is compatible or commensurate with the person of the perpetrator and the circumstances of his crime, as in light of the development of the function and objectives of the criminal law, which was reflected in the concept of equality, it has become not satisfied with achieving this abstract formal equality, but rather requires achieving equality less abstract and more realistic and then closer To achieve justice, and this requires singling out a single judgment according to the different special circumstances, and it is evident that this realistic equality cannot be achieved by relying on the texts of the law alone. True equality means that each convict receives a measure commensurate with the circumstances surrounding his crime, and responds to the various aspects of his personality, and this would pave the way for his reform and increase the chances of his evaluation.