As long ago that the trial judge sentenced defendant to clean the mosque for a month and this alternative sentence to incarceration, and thus may save that person from mixing with criminals and save it dignity and helped them draw closer to God in this work even though he was cleaning the mosque and pray there be punishment has served its purpose of reform of this person and refine for himself and his behavior Baotaiadeh on the performance of prayer in the mosque.
Hence, we find that the issue of alternative sanctions is not a new phenomenon but it is the judges and officials long ago but it was locked into the lives and today is in place, thanks to God Almighty and the Custodian of the Two Holy Mosques - may God protect him -.
The adoption of this subject and make it a great effort of His Excellency the Minister of Justice so he commissioned specialists to prepare for this project is very important for citizens and expatriates residing on the territory of the Kingdom. We all know that Islamic law is the first of the identified crime and proceeded to the penalty in order to save society from the spread of Alersalh and maintenance of symptoms, money and maintaining the security of society, and next to the penalties prescribed legally no other sanctions did not want to have 2/2 Islamic law and left to the judge estimated the penalty depending on the type «offense» so we find a significant difference between the judges when serving penalty Taziria .. This estimate is up to the headmaster of the case after the judge to take into account a number of reasons to assess the penalty in terms of how gravity and the age of Oobsattha and the circumstances of the accused committing the offense.
In these days and with the increase in population has increased crime and may be increased day by day because of what Anaaish of technological development has located a crime of a person from the use of Oosthaddam methods and modern equipment at random, and can commit an offense as a result of ignorance of it and unintentionally and without knowledge of the provisions of the system was locatedthese crimes from people who did not know the path of crime did not take his attitude, but they bundled to commit the offense may for reasons beyond their control, but the will of bad companions who have run out of prisons.
And then be surprised that he imprisoned the criminals from the killers and dealers, drug users, which affects the psyche negatively and gain their criminality, such people must be given an opportunity to modify their behavior so as not to become criminals after predicting their imprisonment and shove prisons between employers precedents, bandits and traders drugs and others.
And found after his release from prison a professional crime and bad behavior and became skewed after it was people together serve the community with his mind and effort bringing entering prison and out of it other people «a burden on society» and a source of shame and a disgrace to his family and his family because of their view that employers precedents are here uses his mind and its power to harm the community and those around him from his family and neighbors and even the entire community.
Recourse to the application of alternative punishment in the courts with the guidance of a person the perpetrator of the offense of simple scholars and clergy within the correctional Uwe place of execution of the penalty in terms of advising him and set up a scientifically literate if you do not .. Aadadh and also in practice, teach him Oovernmna workmanship and create jobs, we have people that make it useful for a particular community for himself and his family.
Hence the project preparation system penalty alternative system successful, God willing, will help to evaluate the behavior of hurling to do the crime without the will of him Udon planning it and without criminal intent and that the offense is simple does not conflict with the interests of society and does not harm its security and safety. Thus, the alternative punishment may repaired the person who had no intention of Crime and evaluated Aauajjajh who was opposed to it, becomes alternative punishment and rehabilitation instead of prison discipline and torture. And there should be controls for alternative sentence may, instead of punitive punishment and this is up to the principal judge the case on the alternative punishment is estimated by type of crime, and place of commission, and commission, and the means used to enact the perpetrator and the motive to commit.
Then barked for antecedents does he have a case or not and what kind of precedents and the time period between committing the offense and the first offense, and type of previous offense, to the extent of his willingness to crime and whether or not to be, on the criminal status.
If you do not have precedents Vtkhvv sentence him, and he knows that this mitigation for that he was straight throughout the period of his previous life, and that this offense is committed by an offer for the first time until they feel that the more the straight line was estimated by the state introduced a mitigation of sentence, and this I think it leaves a significant impact in the same person and back again to the right way, can be issued upon a judgment stop with the punishment of any kind.
And if he has a history of estimated penalty if he has previous Owatntin two of the minor offenses and the periods between the two large Vtkhvv his punishment and he knows that this is the last time and next time will be estimated prison sentence and the skin.
Hence we find that the alternative punishment is the first stage of trying to reform and discipline if the sentenced person committed to alternative punishment did not return to commit a crime again Here it has achieved the goal of alternative punishment.
In case of recurrence and non-compliance is not there is an alternative to the application of the penalty punitive from the skin and the imprisonment or both, or the skin and the payment of a sum of money or imprisonment, and a fine, Ogm suspended for a certain period if not committed which offense a new landed his punishment, and if he returns before the expiration of the period specified by the implemented one of the penalties whichever is greater, or replaced by a fine penalty is estimated by the duration of imprisonment.
Suggestions and opinion with respect to
The implementation of the penalty
- The government job training centers and professional crafts and craft works where sentenced to death an alternative period is equal to the period of imprisonment to be carried out in a place other than place of residence and identification throughout the period of residence within the educational facilities, each according to his desire and inclinations.
- Lectures work in the training centers of religious leaders to urge them to adhere to Islamic principles and not to depart from the provisions of the Sharia.
- The book centers Bthfazam God through specialists, under the supervision of the center and inside.
- The Center provides psychiatric doctors to discuss their condition and treatment of mental and directing them proper guidance to modify their behavior.
By doing so, become the alternative punishment reform and refine