The multiplicity of freedom-depriving penalties in the Palestinian penal legislation and their compatibility with modern punitive policy

Authors

  • Dr. Issam Hosni Al-Atrash . Collige of Law, Al-Istiqlal University, Palestine

Keywords:

- Imprisonment. - imprisonment. - hard labor. - correction and rehabilitation. - penal code .

Abstract

: This study aimed to identify the multiplicity of penalties depriving freedom in the Palestinian penal legislation and the extent of their compatibility with modern punitive policy. To achieve this, the researcher used the analytical approach based on the analysis of all relevant laws and legislations, These are the Jordanian Penal Code No. 16 of 1960 and its amendments, Decree-Law No. 10 of 2018 regarding cybercrime and its amendments, Decree-Law No. 18 of 2015 regarding combating narcotic drugs and psychotropic substances and its amendments, Decree-Law No. 20 of 2015 regarding combating money laundering and financing of terrorism and its amendments, and the Centers Law Palestinian Reform and Rehabilitation No. 6 of 1998, In the first requirement, the study addressed the nature of the multiplicity of custodial penalties in terms of the concept of the multiplicity of custodial penalties, and the arguments of supporters and opponents of custodial penalties. In the second requirement, the study addressed the multiplicity of custodial penalties in the Palestinian penal legislation, in the General Penal Code, and in many legislations. special penal, In light of this, the study reached a set of results, most notably that the multiplicity of penalties depriving liberty is not consistent with the contemporary punitive policy based on reforming and rehabilitating the convicts, just as the Jordanian Penal Code No. 16 of 1960 applied in the West Bank and special criminal legislation is not consistent with the modern punitive policy. While the Palestinian Correction and Rehabilitation Centers Law No. 6 of 1998 was consistent with the modern punitive policy, the study recommended a set of recommendations, most notably the need for the Palestinian legislator to adopt the principle of unifying custodial penalties, and restricting all custodial penalties to one punishment, which is imprisonment, especially since the practical reality indicates that that

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Decree Law No. 18 of 2015 regarding combating narcotic drugs and psychotropic substances and its amendments

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Decree Law No. 10 of 2018 regarding cybercrimes and its amendments

Decision Law No. 26 of 2020 amending the Penal Code No. 16 of 1960.

Published

2024-02-12

How to Cite

., D. I. H. A.-A. (2024). The multiplicity of freedom-depriving penalties in the Palestinian penal legislation and their compatibility with modern punitive policy. TIKRIT UNIVERSITY JOURNAL FOR RIGHTS, 8(1), 58–80. Retrieved from https://tujr.tu.edu.iq/index.php/home/article/view/190