The theory of implementing the penal sentence

Abstract

– a comparative study, is one of the topics that examines the procedures stipulated in the Iraqi Code of Criminal Procedure and the comparative procedural penal laws in France and Egypt, to indicate the stage following the issuance of the criminal sentence from the effectiveness of the sentence and then its acquisition of authenticity and through the finality until it enjoys the strength of the res ju The representative of the society that has the right to punish the perpetrator after the final issuance of the penal sentence, and between the convict as the addressee in the content of the penal sentence, who must submit to implementation, and he has the right that this implementation and its procedures be within the limits set by the law and decided by the penal sentence. To balance between the interests of It precedes the start of its implementation by the competent authorities, including that the sentence is final, and therefore the non-immediacy implementation of the sentence issued in the case. The implementation of the death penalty in it affects the human body and leads to the exhaustion of his life, which requires that it be in accordance with special penal procedures that ensure that this penalty is not imposed on a He must not prejudice his person or freedom, but by his financial liability, as well as the subsidiary penalties have what distinguish them from executive measures that achieve their desired purpose, but this implementation may be an obstacle or obstacle to initiating or continuing it, related to the criminal rule itself, such as his absence or fall in the event of objecting to the absentee sentence or the sentenced person such The result of the criminal case pending before the competent court   .