The Need for Judicial Oversight of the Implementation of the Criminal Punishment System (Comparative Analysis)

Abstract

The application of the criminal penalty represent an important loop of the criminal policy modern episodes, which aim at reforming and rehabilitation the convicted people. This requires subjecting the sentenced to a treatment and punitive programs that require the intervention of the judiciary to take appropriate actions for each individual case based on the principle of individualization of punishment. The problem of the search centered on the extent of the limits of legitimating punitive punishment, which requires that the law remains the protective umbrella from all abuse forms. We have answered them by clarifying the rationale and the foundations of judicial supervision of the implementation of the criminal, which depends on considering that the individualized executive is extension of individualized justice. Also we explained the various positions of the legislation, whether European or Arab Foundation about the judge to apply the penalty, where we reached to some findings and recommendations that are underlined in the conclusion.