Punitive treatment outside the penal institutions in the Syrian legislation -A comparative study-

Abstract

In this research, we dealt with two forms of punitive treatment outside the penal institutions in the Syrian legislation, namely, suspension of execution and suspension of the effective ruling, the two institutions that the Syrian legislator limited in this regard. We presented their concept through their rooting and the reasoning and philosophy of each of them, then we clarified their provisions in comparison with the Egyptian and French legislations according to a comparative approach, which allowed to reveal the deficiencies and shortcomings in the plan that the Syrian legislator followed with regard to these two institutions, and we also presented the jurisprudence of the Syrian Court of Cassation through its application The provisions of these two institutions in a manner that allows evaluation of this legal application. As a result, we reached an evaluation of the Syrian legislator's plan in this regard, proposing what is necessary to develop this plan, activating these two institutions in a manner that achieves the goals and objectives of the punishment, and proposing other forms of punitive treatment outside the penal institutions that allow the absorption of all criminal models.