Suspension of execution is an alternative to custodial punishment in Libyan criminal law.

  • Rema misbah Alfytouri Alfirjani Department of Criminal Law, Faculty of Law, Bani Waleed University, Bani Walid - Libya
DOI https://doi.org/10.58916/alhaq.vi.249
Published: 2024-12-14
تحميل pdf (Arabic)
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Abstract

Criminal law jurists have been searching for alternatives to short- term custodial sentences, the aim of which is to reform the convict and discipline him away from correctional and rehabilitation centers, and to avoid corrupt mixing inside prisons. There is no doubt that short- term custodial sentences are not sufficient to achieve general deterrence, and are not suitable for deterrence. Special punishment, which makes this punishment fall short of achieving its goals. Therefore, the Libyan legislator took a set of alternatives, including stopping the implementation of the punishment as an alternative to short- term custodial punishments. Lt is intended as a description that responds to the criminal ruling issued a specific punishment and strips it of its executive power. If the implementation is suspended, it will not be completed. By force of law, but by the fulfillment of its conditions, and that is left to the discretion of the court.

Keywords: Alternatives to custodial sentences short-term suspension of sentence execution correction rehabilitation

How to Cite

Rema misbah Alfytouri Alfirjani. (2024). Suspension of execution is an alternative to custodial punishment in Libyan criminal law. مجلة الحق للعلوم الشرعية والقانونية, 226-236. https://doi.org/10.58916/alhaq.vi.249
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v11i22024

Section

Articles

References

1.
List of sources and references
2.
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3.
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_ Madiha Mustafa Al-Sadiq Ahmed, The system of suspending the implementation of punishment in Libyan and comparative legislation, Master's thesis, University of Garyounis, Libya, 2008-2009.
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_ Izroal Yazid, Alternatives to custodial sentences before the implementation of the judicial ruling, Faculty of Law, Annals of the University of Algiers, Part One, March, DN.
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_ Musa Qarrouf, Suspension of the implementation of punishment as an alternative to custodial sentences, Journal of Rights and Freedoms, Volume 10, Issue 1, Algeria, 2022.
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16.
_ Libyan Penal Code issued on November 28, 1953.
17.
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