التنظيم القانوني للعفو العام في التشريع الفلسطيني
Date
2020-08-29
Authors
باسل موسى عبد الله الشلالدة
Basel mousa Abdallah AL-shalaldeh
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
The criminal rule aims to protect the interests that the legislator considers worthy of protection. The provisions of criminalization and punishment aim mainly to defend society and ensure its stability through the imposition of criminal penalties that achieve both public deterrence and the private deterrence of crime. On the other hand, on the other hand, and in sharp contrast, the legislator sometimes decides to drop the crime by issuing a law to forgive the perpetrator and forfeit any criminal responsibility for what he has committed. Perhaps this is due to the state's attempt to achieve social calm, bypassing grim economic conditions, or bypassing the political turmoil that ravaged the country during a harsh era that society tries to contend with a new political era.
Although the Palestinian legislator recognized that the general amnesty constitutes a reason for the termination of the public lawsuit, it has neglected to adequately regulate the provisions relating to the general amnesty and its effects. For example, the legislator did not decide on the types of crimes that could be covered by a general amnesty, as well as the effect of issuing a general amnesty on the personal rights of others. Not to mention the
ambiguity of the general amnesty regarding its impact on both the adjudication of ancillary and complementary punishment and the precautionary measure. Therefore, this study attempts to answer the main problem represented by the following: What are the legal interventions that the legislative regulator can undertake to remove the ambiguity that hangs over the provisions of the general amnesty? In order to achieve this, the study relies on both the descriptive method, the analytical method with its two parts (inductive and deductive), and the comparative method as scientific tools that contribute to formulating reliable results and acceptable and applicable recommendations.
This study devotes the first chapter to understanding general provisions of a general amnesty, including a careful definition of concepts and a study of the philosophy on which the amnesty system was built and the most important characteristics that distinguish this system. As for the second chapter, most of its content revolves around researching the most important effects of a general amnesty, whether that is in relation to the criminal case or the penalty.
The study concludes with several findings and recommendations, the most important of which is the need to amend the provisions of the Palestinian penal legislation to remove the ambiguity in the texts governing the amnesty. This study also suggests to decision-makers that a general amnesty law should be issued to drop some criminal incidents or judicial rulings in a way that strengthens the protective shield of the Palestinian nation to confront these exceptional circumstances represented in the growing conspiracies waged by the brutal Israeli occupation on the ground and the
spread of the deadly global epidemic known as "Covid-19" in the occupied Palestinian territories.