The rules of home detention and its problem.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Home detention aims to spare the perpetrators of low-risk crimes, the multiple negative effects of the custodial penalty, which does not stop at those sentenced to it, but extends to those who are cut off from the act committed by their family members, and the economy is not far from the negative effects of these penalties; It also has objectives on the economic aspects of convicts, their family members, and the economy, as well as social goals, namely reducing prison overcrowding rates and reducing the chances of those sentenced returning to crime. The legality of home detention means that it is not permissible to criminalize conduct, nor to sentence its perpetrators to a penalty except by virtue of a legal text, which is one of the logical pillars of the moral basis of criminal responsibility, which is one of the pillars on which modern legislation is based,  The accused must choose the criminal behavior for discrimination, awareness and will, and this choice requires the need to warn him in advance by the legislator, of the nature of the criminal behavior, and the punishment that will be received by the perpetrators, and also the principle of legality, in application of the principle of separation of powers, which means the sole legislative authority to establish laws that determine the crimes and the penalties that the perpetrators receive, and this principle is an application of the principle of justice of punishment, The principle of legality is linked to the rule of non-retroactivity of laws, which means that the application of the law does not withdraw to the period prior to its issuance, and its application is limited to facts and behaviors that occur after its issuance.

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