Suspension of execution is an alternative to custodial punishment in Libyan criminal law.
DOI:
https://doi.org/10.58916/alhaq.vi.249Keywords:
Alternatives to custodial sentences, short-term, suspension of sentence execution, correction, rehabilitationAbstract
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.
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List of sources and references
First: Books:
_ Ahmed Ali Al-Khalaydeh, Alternatives to Short-Term Deprivation of Liberty Penalties, Dar Al-Thaqafa for Publishing and Distribution, First Edition, Amman, Jordan, 2024
_ Ahmed Awad Bilal, General Theory of Criminal Punishment, Dar Al-Nahda Al-Arabiya, Second Edition, Cairo, 1996.
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_ Mamoun Muhammad Salama, Penal Code, General Section, Dar Al-Fikr Al-Arabi, First Edition, 1979.
_ Muhammad Ramadan Barah, Explanation of the Libyan Penal Code, General Section, Part Two, General Provisions (for Punishment and Preventive Measures), Dar Al-Kutub Al-Watania, Second Edition, Benghazi, Libya, 2021.
_ Mahmoud Najib Hosni, Science of Punishment, Dar Al-Nahda Al-Arabiya, Third Edition, Cairo, 1973
Second: Scientific Theses:
_ Abdul Majeed Ibrahim Alwa, Suspension of Execution Conditional rulings in Libyan and Egyptian law, Diploma in Criminal Sciences, 1972.
_ 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.
Third: Research and journals:
_ 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.
_ 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.
Fourth: Laws and judicial rulings:
_ Libyan Penal Code issued on November 28, 1953.
_ Criminal Procedure Code 1954 and its amended law No. 7 of 2014.
_ Appeal No. 16/5, Session of January 2, 1960, Supreme Court Journal 22, 1963.
_ Criminal Appeal No. 477/30 Q, Session 2/21/1984 AD, pp. 220 and 221, Issue 21, April 1985 AD
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