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ž 3. The punishment purposes in criminal law of the Yemen republic

The punishment purposes are defined by the state criminal policy. Unfortunately, in UK JR the punishment purposes are not defined. In spite of the fact that in

The law they are not allocated, but in practice they are considered by vessels.

Here these purposes: 1) restoration of the basic values of Islam; 2) punishment; 3) correction of the condemned; 4) the prevention of fulfilment of new crimes. In opinion Hussein abd-Ali, restoration of the basic values of Islam is carried out as justice in the form of compensation caused by a crime physical, moral or property damage [52].

In UK NDRJ 1976 which operated in territory of Southern Yemen, there was a position according to which the punishment purpose is not causing of corporal hurts to the person or humiliation condemned. In item 38 of the given Code the general principles of criminal law are allocated:

ź) legality of punishment;

Humanity of punishment;

Prohibition of corporal punishments;

Justice of punishment;

The punishment purpose is correction and re-education condemned, the prevention of fulfilment of new crimes ╗.

In comparison with former criminal legislation NDRJ of the purpose of punishments have undergone rather essential changes. Punishment does not pursue the aim only penalties guilty as it is turned into the future. Therefore to the punishment purposes the big attention in the legal literature and judiciary practice was always paid. In the legal literature of the Yemen Republic two main objectives allocate punishment:

1) preventive maintenance of fulfilment of a new crime from the most condemned both in the course of penal term serving, and after term departure, i.e. is put a problem to exclude relapse of crimes from the party earlier sudimogo persons;

2) the general prevention of the persons who yet have not committed crimes but which can make it owing to the instability in behaviour.

It is thought, that on UK JR it is necessary to expand the list of the purposes of punishment, making use of legislative experience of Russia. Regarding 2 items 43 UK the Russian Federation the punishment purposes are defined, how: social justice restoration, correction condemned, and also the prevention of fulfilment of new crimes. On this basis it is possible to allocate in UK JR not only the prevention purpose, but also the purpose of restoration of the basic values of Islam and the purpose of correction condemned.

The purpose of restoration of the basic values of Islam is reached when punishment corresponds to the doctrine of Islam which the dogmas protects its basic values and, thereby, confirms their efficiency. The purpose of correction condemned is reached by positive influence not it in the spirit of the valid relation to the basic values of Islam and the realised observance of religious interdictions. As it is represented, the stated offers on a regulation of the generalised definition of concept of punishment and its purposes should be fixed in UK JR.

As considers Abdel-Kader Auda, any punishment should protect public interests. If the crime infringes public interests punishment should be appointed, considering weight sodejannogo, instead of the person of the guilty. If the criminal commits other crime which directly is not infringing on public interests, that, in opinion

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The scientist, it is necessary to appoint punishment and taking into account the person guilty as, the society is protected both in case of the general, and in case of private [53]

Preventions.

From the point of view of Dzhundi Abdel-Malika, punishment is

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The suffering caused to the criminal for infringement of instructions of the law.

Education and correction of people is much easier, than the same actions in relation to unstable subjects, i.e. the severity of punishment should depend on the person of the guilty. Prophet Mohammed specified in it in one of the legends - hadise: źYes forgive to esteemed people an error╗. For equal infringements one criminal has enough censure, to another - corporal punishment, and - imprisonment [54 [55] is necessary for the third.

Hussein abd-Ali believes, that correction and re-education of the criminal [56] can be the punishment purpose only. We divide its point of view as in the Yemen and Arabian legal literature already there is a similar concept about the purpose punishment, but also they are not reflected in the criminal legislation of the Arabian states.

In judiciary practice of some Arabian and Muslim countries the intimidation theory led to distribution of application of a death penalty, mutilation and corporal punishments, to publicity of execution of some kinds of punishments. Certainly, the punishment purposes develop of three stages: law editions; awardings punishment by court and its executions.

We consider, that punishment under criminal law can be applied with success in crime control only in the event that questions on the purposes to which it urged to serve and about the means used for achievement of the purposes of correction and re-education condemned and other persons are correctly solved. Therefore problems of the purposes of punishment draw for a long time to themselves attention of Muslim Yemen scientists-lawyers. On the majority of questions of this problem scientists have common opinion though here again still there is a number of the disputable moments. Business with the scientific analysis of means which are used for achievement of the purposes of punishment is much worse is.

In criminal law of the Yemen Republic, especially in UK JR, there are no articles which open concepts of punishment under criminal law and its purposes.

In our opinion, the punishment purpose in UK JR can be reached by psychological, physical, property influence on the person who has committed a crime. Therefore it is possible to allocate in UK JR not only the prevention purpose, but also the purpose of restoration of the basic values of Islam and the purpose of correction condemned.

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A source: HANTUSH SALEH MEHDI ABDULLA. KINDS of PUNISHMENTS ON CRIMINAL LAW of the YEMEN REPUBLIC And the RUSSIAN FEDERATION (rather-LEGAL ASPECT). The DISSERTATION on competition of a scientific degree of the master of laws. Kazan -. 2016

More on topic ž 3. The punishment purposes in criminal law of the Yemen republic:

  1. ž 1. Concept and the punishment nature of criminal law of the Yemen Republic
  2. ž 1. Kinds of punishments on criminal law of the Yemen republic
  3. CHAPTER 3. Kinds of punishments on criminal law of the Yemen republic and criminal law of the Russian Federation
  4. ž 4. The punishment purposes in criminal law of the Russian Federation
  5. ž 2. Correction condemned and social justice restoration as the purposes of punishment under criminal law and possibilityof an estimation of their achievement
  6. Chapter 2. Punishment under criminal law: essence, the purposes and the influence mechanism
  7. ž 3. The prevention of crimes as the punishment under criminal law purpose. The mechanism of precautionary influence of punishment under criminal law
  8. HANTUSH SALEH MEHDI ABDULLA. KINDS of PUNISHMENTS ON CRIMINAL LAW of the YEMEN REPUBLIC And the RUSSIAN FEDERATION (rather-LEGAL ASPECT). The DISSERTATION on competition of a scientific degree of the master of laws. Kazan -, 2016 2016
  9. CHAPTER 2. System and classification of punishments in the Criminal code of the Yemen republic and in the Criminal code of the Russian Federation
  10. ž 1. Essence of punishment. A punishment under criminal law and criminal liability parity
  11. ž 1. Concept of punishment and value of its purposes of criminal liability realisation in Somalia.
  12. 2.2. External properties of punishment under criminal law
  13. ž 2. Concept źefficiency of punishment under criminal law╗ and model of its estimation