Ali Al-Hawari received his doctorate in the philosophy of criminal punishment, magna cum laude
Researcher Ali Hassan Ahmed Hassan Al-Hawari, assistant lecturer at the Faculty of Law, Cairo University, obtained a PhD with distinction in the philosophy of criminal punishment from the Faculty of Law, Cairo University. A discussion committee was formed from Dr. Omar Salem, Minister of State for Public Affairs, Former People’s Assembly and Shura Council, Chairman, Dr. Al-Sayyid Al-Arabi Hassan, Dean of the Faculty of Law, Badr University, as Supervisor, and Dr. Ahmed Abd Al-Hay Dahoum, Vice Dean of the Faculty of Law, Ain Shams University, Member. The study addressed the increasing challenges facing criminal justice systems in the modern era, as opinions differ about the effectiveness of traditional punishments and the extent of their ability to achieve their goals, in light of Social, economic and psychological developments that directly affect the concept of punishment and methods of its application and the consequent expansion in the use of criminal punishment, and the extension of the umbrella of criminalization for many acts, as this intervention produced a huge amount of laws and regulations that represented a legislative inflation that is burdening those in specialization and with it the justice apparatus as well. The criminal court is suffering under the burden of a huge number of cases and violations that it cannot resolve in an easy manner And accomplished.
The researcher also discussed The historical progression of the establishment of penal laws, and the extent to which the philosophy of punishment in the modern era is compatible with constitutional and humanitarian values and principles, In order to achieve social control < /p>
The study reached a set of results, including: First: The philosophical foundations of criminal punishment varied in different eras, and differed according to different civilizations; The philosophy and goals of punishment varied according to the sophistication and progress of these societies. Second: The study concluded that the use of force to impose punishment does not achieve the purpose of punishment, while taking into account the social and correctional aspects in applying punishments is what achieves the process of social control, and leads to reforming, rehabilitating and treating the criminal. Third: There are many defects that criminal punishment in its traditional sense leaves behind on individuals and societies, and it is necessary to apply the modern philosophy of punishment that aims to reduce freedom-depriving penalties. Fourth: The social changes that occurred in society affected the philosophy of punishment and the methods of applying punishment. It produced new patterns of punishment that are consistent with the corrective and therapeutic goal of punishment. The study concluded with a number of recommendations, which are useful in achieving the purpose of punishment, and assist criminal policy in exercising the process of social control in a way that achieves societal balance. Among these recommendations are the following: First: The necessity of reevaluating criminal policies and reviewing current penal systems to be more compatible with the reform goals of punishment, in line with developments that occur in society and are affected by the philosophy of punishment. It is necessary to reconsider some legal texts due to the lack of Their suitability to the present time, especially the legal texts that were issued a long time ago, more than seventy years or more, and this period was punctuated by developments and developments that necessitated reconsidering the texts of these articles. Second: Expansion of the punitive individualization system, given the advantages it achieves. As a result of separating dangerous criminals who are habitual criminals from criminals convicted of crimes that do not represent a seriousness when compared to others. Third: The necessity of expanding the use of modern technological methods in applying punishment, and taking advantage of modern technology that facilitates the means of applying punishment in a way that achieves its goal, and leads to saving material expenses as well as human energy that is wasted in implementing punishments in the traditional manner. Fourth: Working to establish specialized research centers concerned with strategic planning for penal policies, so that new crimes are confronted and a strategy is developed to confront these crimes, while relying on sciences that support criminal policy, which conduct scientific research and statistics necessary to determine the effectiveness of punishments and implement them in a specific way to achieve the purposes of punishment. Fifth: The researcher calls on the competent legislative authorities to establish a body responsible for monitoring and measuring the impact of penal laws on the ground and the extent to which they achieve their goals, given the legislative inflation that the legal systems have reached. This inflation has made many laws fall into the circle of oblivion and non-implementation in reality on the ground. In addition to the difficulties facing jurists in pursuing these texts, identifying their provisions, explaining their nature, and clarifying the applicable texts and the suspended ones, the role of these authorities in approving them is not sufficient. And only legislation, but the supervisory role assigned to it must be exercised effectively, by measuring the impact of the laws it approves on society and the extent of their effectiveness.
