The components of the new approach to the position of the judge of execution of criminal sentences

Document Type : Original Article

Authors

1 free

2 FREE

10.48308/jlr.2024.230291.2430

Abstract

Punishment and its implementation are always considered one of the most challenging issues in the field of criminal justice throughout the history of criminal law. This is considered as one of the most important stages of the criminal process and a part of the concept of criminal proceedings in the modern era of criminal law. In this way, in practice, it is a stage that leads to the convergence of the efforts of the activists of the criminal justice system in the convicted person. It follows the interests of society and the crime victim. Based on this, the sensitivities of the execution stage of criminal sentences and the obligations of the persons involved in this stage have caused a lot of attention in this field in the criminal law systems of different countries. In this regard, in some countries such as France, by considering the stage of execution of criminal sentences as one of the judicial stages of the proceedings and the judge being considered as the executor of the sentences, the act of delegating some judicial powers such as the possibility of adjusting the punishments determined in the stage of the proceedings without reference to The issuing court has provided a verdict. In practice, this has created a judicial dignity for the judge to execute sentences in some legal cases.

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Articles in Press, Accepted Manuscript
Available Online from 26 November 2024
  • Receive Date: 17 January 2023
  • Revise Date: 12 November 2024
  • Accept Date: 26 November 2024