The Discretionary Power of the Criminal Judge in Determining the Penalty- Historical Rooting

Abstract

Crime lived sophisticated as society evolved. Consequently, sanctions have been imposed so that there is no danger to society and to ensure its security, stability, and protection. But different times and many experiences have been generated by Penal legislation, convinced of the need to empower the punitive exclusivity from extracting the factual determination of his punishment what is currently known as (The discretionary power) the judge's ability to choose the appropriation punishment of the offender so that the aim of the sentence is understood, and the circumstances and the perpetrator are informed. And think about their circumstances until the judgement is rendered in accordance with the Law appropriate to the events of the offence and its perpetrator in the interest sought by the legislator. Consequently, this research paper has reached conclusions and recommendations his representative stated that discretion had emerged as training over time given the difference and evolution of human societies as well as being recognized by legislation ensuring the application of the principle of justice through the singularization of punishment. However, the concept was not limited to assessing the appropriate punishment for the offender only. It goes beyond the judgement of innocence, the adaption of the crime and the weight of the evidence and other matters in which the legislature gave the judge the understanding and diligence in accordance with the Law. The paper recommends that Penal provisions be imposed as an extension of the supervision of higher courts, in addition to vaccinating Penal text with controls that will facilitate the judge's axes to appropriate punishment for the offender.