Grounds for Exemption from Criminal Punishment: An Analytical Study in Libyan and Comparative Law

An Analytical Study in Libyan and Comparative Law

Abstract

Cases of exemption from criminal punishment, which are those cases in which the legislator decides to exempt the offender from punishment despite having committed the crime ascribed to him and establishing his criminal responsibility for it. Punishment or its contraindications because the circumstances or reasons for which the legislator decides that do not restrict the meaning.

Cases of exemption from punishment or its impediments are considered as an exception to the general principle, as they produce an effect contrary to this principle, because the principle is that the offender must be subject to the punishment prescribed by law for his crime when it is proven that he committed it materially and is criminally responsible for it, that is, he was qualified to bear the criminal responsibility Because he enjoyed the two powers of perception, i.e. discrimination and freedom of choice, i.e. free will, and he did not have any of the reasons for legalizing the action “using the right, the tool of duty, or the legitimate defense.” However, the legislator decides to exempt this offender from punishment for specific reasons that he considers to be more important than the exceptional care of impediments to punishment. Or cases of exemption from it, the texts that you decide must be interpreted narrowly, so there is no exemption from punishment without a text in the law, and these texts must be interpreted as being limited, so it is not correct to expand their interpretation by analogy, so the judge may not decide to exempt from punishment Unless the conditions for exemption required by the legal text are available in the incident committed by the offender, and these conditions are fully applied to that incident in a manner that provides the wisdom sought by the project to decide the exemption from the contract. Father.