Alternative fine – A Comparative Study

Section: RESEARCH
Published
Aug 4, 2025
Pages
63-93

Abstract

The alternative fine occupies the forefront of many penal laws at the present time because ofits increasing importance and effectiveness as one of the most important alternatives through which the disadvantages of deprivation of liberty can be avoided, especially the short duration of them. Within this framework, the Iraqi legislator has recently moved towards adopting a replacement system Penalty depriving liberty with a fine, as it was included in a draft law under the title "Law to replace freedom-depriving punishment with a fine" .The purpose isto give opportunities to some of those convicted for intentional crimes and offenses that are not of a serious nature. Moreover,It is to reduce the expenses that burden the state, as well as to add resources to the state treasury. The significance of the study is evident when analysing the draft law, examining what implications it may have when replacing freedom-depriving punishment with a fine. It examines to what extent the alternative fine system could achieve the primary goal of punishment by deterring crime - and increasing the state's public revenues

References

  1. - Ahmed Musa Hayajneh - Penalties and Alternative Measures System / A System with Special Features for a Changing Punitive Philosophy - University of Sharjah Journal of Sharia and Legal Sciences - Volume 1 - P1 - University of Sharjah - United Arab Emirates - 2017.
  2. - Dr. Ahmed Kilan Abdullah and Bilal Abdel Rahman Mahmoud - Penalty replacement policy / a comparative study - Arab Center for Scientific Studies and Research - Cairo - 2019.
  3. - Jordanian Penal Code No. 16 of 1960.
  4. - Rifat Safi Ali Abu Hijleh - Societal sanctions as one of the alternative penalties in Jordanian legislation - Master Thesis - Faculty of Law - Middle East University - 2019.
  5. - Dr. Amin Mostafa Mohamed - Science of Criminal Punishment / Criminal Penalty between theory and practice - New University House - Alexandria - 2008.
  6. - Dr. Usama Ahmad Muhammad Al-Nuaimi - Penal Criminal Policy in the Narcotic Drugs and Psychotropic Substances Law No. 50 of 2017 - Al-Rafidain Journal of Law - Volume 19 - P.68 - Faculty of Law - University of Mosul - 2019.
  7. - Iraqi Penal Code No. 111 of 1969, as amended.
  8. - Rajab Ali Hassan - Alternative Sanctions Requirements - A research paper published within the proceedings of the Alternative Sanctions Conference Development of Iraqi Laws that was established by Dohuk Governorate for the period 12-13 / March / 2012.
  9. - Criminal Procedures Law No. 23 of 1971, as amended.
  10. - Dr. Ayman Ramadan Al-Zaini - Short-term freedom deprivation penalties and their alternatives / A comparative Study - 2nd edition - Dar Al-Nahda Al-Arabiya - Cairo - 2005
  11. - Dr. Sami Abdel Karim Mahmoud - Criminal Penalty - 1st Edition - Al-Halabi Legal Publications - Beirut - Lebanon - 2010.
  12. - Rayan Sharif Abdul-Razzaq - Alternatives to penalties depriving freedom - Journal of Justice and Law - Volume 1 - Issue 1 - 2017.
  13. - The French Penal Code of 1992.
  14. - A. Kwadri Silent Jawhar - Disadvantages of Negative Punishment for Short Term Freedom - Academic Journal for Social and Human Studies - Issue 14 - Faculty of Law and Political Science - Chlef University - 2015.
  15. - Dr. Ali Abdel-Qader Al-Qahwaji - Explanation of the Penal Code - General Section - Criminal Responsibility and Criminal Punishment - First Edition - Al-Halabi Legal Publications - Beirut - Lebanon - 2009.
  16. - Iraqi Integrity and Graft Commission Law No. 30 of 2011, as amended.
  17. - Dr. Muhammad Zaki Abu Amer - Penal Code - General Section - New University House - Alexandria - 2012.
  18. - Iraqi Anti-Human Trafficking Law No. 28 of 2012.
  19. - Muhammad Al-Warikat - The validity of the fine as an alternative to the short term imprisonment penalty in Jordanian and comparative legislation - An-Najah University Journal for Research "Human Sciences" - Volume 27 - Issue 5 - 2013.
  20. - Dr. Mahmoud Mahmoud Mustafa - Explanation of the Penal Code - General Section - 10th Edition - Cairo University Press - Cairo - 1983.
  21. - Iraqi Anti-Money Laundering and Terrorist Financing Law No. 39 of 2015.
  22. - Iraqi General Amnesty Law No. 27 of 2016.
  23. - Iraqi Narcotics and Psychotropic Substances Law No. 50 of 2017.
  24. First: legal books
  25. Fourth: Laws
  26. References
  27. Second: Research and periodicals
  28. Third: university theses
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