TY - JOUR AU - Yousif, Dilshad A. PY - 2020/06/24 Y2 - 2024/03/28 TI - Judicial appropriateness of punishment "Comparative Analytical Study JF - Academic Journal of Nawroz University JA - ACAD J NAWROZ UNIV VL - 9 IS - 3 SE - Articles DO - 10.25007/ajnu.v9n3a704 UR - https://journals.nawroz.edu.krd/index.php/ajnu/article/view/704 SP - 63-73 AB - <p>Punishment within the framework of penal legislation does not achieve the meaning of justice unless the judge makes an appropriate verification between the amount of the punishment and the degree of its infliction and between the various circumstances and circumstances of the case presented before it, so judicial suitability is a tool through which the judge transmits the punishment from its abstract legislative form to a specific realistic template. It is appropriate assumptions in the field of punishment policy that the legal and judicial qualities meet in the punishment that is executed against the convict, as the punishment will not be fair unless it was previously determined by the legislator and signed by a ruling issued by the judiciary. In this sense, the art of rational and rational criminal policy should consider leaving An area for a criminal judge in which discretionary powers are used in assessing the sentence. The penalty does not achieve the meaning of justice unless it is compatible with the crime.</p> ER -