Legal excuses for the penalty (An analytical study)

Abstract

Legal excuses are the result of two philosophical ideas, namely the notion of utility and the idea of justice, which were called for by both the traditional school and the positivist school. The excuse, whereby the judge is obligated to amend the punishment to suit the circumstances of the offender ,The purpose of the penal system is to combat the phenomenon of crime, and this was only possible by knowing its causes. Therefore, it is the duty of the criminal judge to search for the circumstances that led to the path of the crime and study his own circumstances to reduce the crime and choose the appropriate punishment. Accordingly, most of the legislations adopted the idea of an excuse and required the criminal judge to reduce the punishment according to the state of excuse and its conditions in a binding manner. Therefore, the criminal judge has the authority to choose the appropriate penalty within the limits set by the legislator for him.