Punishment: its personal nature, exceptions, and challenges

Abstract

The principle of the individuality of punishment is one of the most important principles upon which criminal law is based, and it is among the key principles that protect human rights and freedoms. This principle was not easily achieved; rather, it went through many transformations across different stages of criminal thought. In the past, punishments were collective, affecting everyone connected to the offender. However, due to the negative effects these collective punishments had on achieving justice in society, a shift began away from such arbitrary reactions toward the principle of the individuality of punishment, whereby the penalty affects only the person who committed the crime. This, in itself, represents a significant transformation in the field of criminal justice.

Despite this, certain exceptions have attempted to undermine this principle, particularly in what the legislator has approved regarding criminal liability for the acts of others, such as liability in defamation crimes and the responsibility of leaders and officials for crimes committed by their subordinates, among others. Moreover, this principle faces several challenges, including the indirect negative effects resulting from the application of penalties on the offender’s family, whether these effects are psychological, social, or economic. Additionally, the stigma attached to criminal punishment often extends to family members, which poses a major challenge to this principle. The nature of cybercrimes also presents a significant challenge.

We conclude that it is necessary to reconsider and review all criminal laws to ensure that they do not undermine this principle, and to narrow, as much as possible, the scope of exceptions that attempt to weaken it. Furthermore, philosophical studies of criminal law should be encouraged to ensure that justice is applied in a manner consistent with the individuality of punishment.

We also hope that when the legislator departs from the principle of the individuality of punishment, a balance is maintained between establishing order and achieving justice, and protecting the rights and freedoms of individuals without compromising them.