Abstract

Spin the philosophy of criminalization and punishment in our time in terms of the concept and nature around the major axis is the community. As we find that the criminal law has shifted its nature as a mere static texts shows what is one of the acts of crimes and penalties imposed for them to criminal policy aimed at the defense of society against the phenomenon of crime. Therefore, the criminal law has become a social function which seeks to combat criminal phenomenon, through the means created by the legislature to achieve this goal. For that stained the task of the judge so that social dye criminal became involved in defense policy positive social through atonement scientific and realistic death. Through discretionary authority granted him by the legislature, which expanded the scope of his job so that the mission social and humanitarian strong study personal perpetrator of criminal conduct an objective study and find out how serious criminal enabling it to choose what is appropriate punishment or measure a way that leads to the achievement of justice.

The question arises how the judge can estimate a dangerous criminal or not and what are the limits of the authority of the judge in the estimate?