The role of the judiciary in punitive execution: A comparative study.

The current research aims to shed light on the role of the judiciary in punitive implementation, as a judicial intervention in punitive execution has become an urgent necessity dictated by several legal considerations. In the punitive execution, as well as the need to stand on the legal conception supporting the intervention of the judiciary in the punitive implementation. This will be addressed in the current research. To clarify the trends around the idea of judicial intervention in the punitive implementation, as well as the need to stand on the legal conception supporting the intervention of the judiciary in the punitive implementation, the comparative analytical method was used between the different laws to determine the role of the judiciary in the punitive implementation. The research concluded with many results, the most important of which is that the process of criminal judgment definitively and the actual application of criminal punishment is a stage of great importance that reflects the size of the previous stages, namely the stage of punitive implementation, which has developed remarkably in light of modern legislation, and this stage is of great importance and is a mirror Reality of the positive development that the modern punitive policy has reached and what it seeks to reform and correct the convict with criminal punishment and return him as a safe individual to the society of the fittest. Although the current Egyptian Constitution of 2014, its provisions were not devoid of very important guarantees regarding punitive implementation, namely, a good treatment that preserves human dignity, not harming him physically or morally, and not allowing him to be detained or imprisoned in places other than those governed by the laws issued to organize prisons, as well as the prisons' law. Egyptian No. 396 Of 1956 And its executive regulations stipulate regulating the methods of punitive execution concerning freedom-depriving penalties, indicating that if any specific measures are taken against the convict during the period of punitive execution, he may resort to problems in implementation before the competent court, but the criminal legislation Al-Masry is still in the light of incomplete punitive legality, devoid of a provision for judicial supervision during the period of punitive execution. Therefore, we call upon the Egyptian legislator to intervene to establish the system of the execution judge, similar to the French legislation. To ensure judicial oversight and supervision over prisons, as well as to open the door for appealing those decisions related to punitive execution before a competent judge established for this purpose.