سلطة القاضي الجزائي في تقدير العقوبة

Abstract

The discretion is based on the trust granted by the legislator to the judge and is required at this time in the face of the legislator's inability to familiarize himself with all types of crime and to limit it in advance and to vary from one crime to another depending on the circumstances and circumstances of the offender. In today's legislation, this power has become recognized, and every sentence has double limits. minimum penalties ", a minimum penalty that goes down to its lowest level and a maximum that rises to its highest and most legally prescribed levels. If the criminal judge is free to form his or her own conviction of any evidence to which he or she is satisfied unless otherwise provided by law, this authority is not absolute, since he or she must cause his or her judgement to serve to control the validity of his or her conviction and the sources of such conviction; One of the most important means by which judgements and judicial decisions are based is to highlight their validity and legality and the lack of arbitrariness of the criminal judge in the use of his discretion. It is also of great importance in the process of monitoring the lawfulness of the sentence - as mentioned above - because it serves as a safety valve against any possible error of the criminal judge