Execution of convictions for deprivation of liberty
Between the necessity for prompt execution and the requirements for postponement
Mots-clés :
Punishment, Deprivation of freedom, Implementation, Postponement, ImmediateRésumé
In an effort to realize the objectives of the criminal sanctions, modern laws have taken into account the penal provisions of executive rules and court controls to facilitate the completion of the procedure for their implementation in a complete manner, so as to achieve the essential equilibrium between the freedoms of other people who were harmed by the act and the interests of the condemned criminal as a human.It is in this context that the importance and necessity of prompt execution of convictions involving deprivation of liberty as a public asset has been emphasized in order to achieve the end of this penalty.
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Références
[1]. See Mahmoud Mahmoud Mustafa, Commentary on the Penal Code (General Section), D. Algeria.National Book Institute (1992). 535; Rauf Abid, Principles of the General Section of Penal Law, p. 4. Arab Thought House, 1979. P829.
[2]. Moulay Baghdadi, the penal procedure is considered in Algerian law, Dit (Algeria: National Book Institution, 1992), p. 462 et seq.
[3]. See Mahmoud Mahmoud Mustafa, op. cit., p. 536; Merle Vitu. Traité de Droit Criminel, P 841-843.
[4]. See Mahmoud Mustafa, ibid., p. 537; Mahmoud Najib Hosni, Commentary on the Penal Code of Lebanon,.Beirut, 1968.688.
[5]. See Mahmoud Mustafa, op. cit., pp. 586-587 et seq.; Mahmoud Najib Hosni, commentary to the Lebanese Penal Code, pp. 689-690.
[6]. Decision of the Criminal Chamber of the Supreme Court, 21/01/1969.
[7]. See decision of the Criminal Chamber of the Supreme Court, 14/06/1983, case law, p. 83." In the case of multiple prosecutions, and if there are negative sentences, only the most severe punishment is carried out. Wherever this is the case, the rule of non-inclusion is only effective at the stage of enforcement. "
[8]. See Resolution 25/10 of 1985 - "The Criminal Chamber of the Supreme Council allows for the inclusion of negative penalties for freedom only if the penalties are not crimes of the same nature" Judges Bulletin, 44 p. 126.
[9]. The exception is provided for in articles 35 and 36 of the Egyptian Penal Code.
[10]. See, DjoundiAbdulmalik, Criminal encyclopedia, Dt1.Egypt. Accreditation printing press. Beirut.Lebanon. 1360 H.G5/201.
[11]. Look, Ali Rashid, Criminal Code, Entry and Origins of Public Theoretical, D.Cairo.The people's house.Arab Renaissance House, 1974. Page 648-649.
[12]. Prison Organization Act No. 396 of 1956, as amended by Act No. 106 of 2015.
[13]. The Egyptian Code of Criminal Procedure, No. 150 of 1950, as amended by Act No. 198 of 2020 of 05/009/2020, sets the child at 15 years of age, while the Albanian legislature sets the child below 18 years of age (article 55 of the Penal Code).
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© Revue des Sciences Humaines 2025
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