الظروف المؤثرة على العقوبة في جرائم الفساد
علا عارف عيسى عياد
Ola Aref Issa Ayyad
Referring to the Anglo-American system that gives the judge full authority in the individualization of the penalty and unlimited authorities in estimating the criminal text and to the Latin system based on the crime and penalty legitimacy, it should be emphasized that the circumstances which affect the penalty in the corruption crimes vary between the personal and other subjective and legal ones which the legislator imposed them to serve a penalty policy aimed at removing the penalty or making it severe. To answer the legislator consideration for these circumstances in the corruption crimes for its privacy in defining the penalty, the study discussed the rules related to the mitigation and exemption mentioned in the amended resolution No. 73 8102 for the illegal earning No. 8112 0. Regarding the severe circumstances, they were mentioned clearly in the penalty law No. 091 01, and discussed in details in the study. Consequently, the study recommended the amendment of the rules of the penalties law and the necessity to stipulate the circumstances and the excuses clearly and in details. The Palestinian legislator should also enact more precise criterion for the penalty mitigation and mainly when the criminal commits a violation act of little amount of money. This also should be applied on the severe circumstances that were not mentioned in the anti corruption law and to be formulated in a simplified way instead of referring to the penalties law.