Complacency In The Application Of Criminal Texts And Its Effect On Deterrence - A Study In Criminal Philosophy –

Abstract

 It is really sad that there are crimes and violations without punishment, as illegal practices and behaviors are often committed and people get used to systematically violating the law and the violation becomes a way of life and the application of the law becomes not a priority and perhaps some agencies concerned with law enforcement in general and criminal law in particular take sham steps that represent only a small manifestation of the rule of law, which makes those interested in legal and societal affairs in embarrassment and pushes them to seek and demand the agencies Administrative and executive at times and from the judiciary at other times by taking a clear and serious position on the flagrant violations of the law.

In general, we can say that law enforcement agencies must enlist themselves to serve the rule of law and maintain legality, and in any case the claim that these, The agencies perform their duty in a systematic and integrated manner, which may lack accuracy, as the performance of duty is often accompanied by failures in prosecuting and prosecuting the perpetrators, which means that the failure to apply the criminal texts or laxity in their application will lead in the end to non-compliance and daring to the law publicly and gives violators of the law immunity that paves the way to continue violating the law and that everyone does what he likes without any deterrence from the law.

In relation to the matter, the criminal laws that do not leave their impact on the behavior of individuals and secure their commitment to them and guarantee them their rights in a clear manner will produce a conflict between the will of the organization and the tendency to chaos, as the result of criminal texts aims mainly to organize public life and protect the basic interests of the state and individuals by imposing punishment or measure on violators to enhance the power of legal deterrence and direct a message to what is rejected of individual or social actions and condemn it. Since it is the duty of the state, represented by its official authorities, to commit to the application of laws, to investigate suspicions of violating laws, to prohibit assault, and to exhaust legal means and means in investigating, following up and investigating against suspects or accused of committing prohibited violations with high professionalism, transparency, integrity, publicity and immediacy, preceded by feasible and effective procedures and being entrusted with preserving the rule of law, so the first step lies in trying to prevent the commission of acts contrary to the law, followed by deterrence as a next step.

Accordingly, this study represents a qualitative effort and monitoring of many criminal texts contained in the laws that are tolerated in their application continuously and in various practices such as condoning or leniency or circumvention or fraud or legitimization and this represents a bitter reality that negatively affects the rights of victims of failure to apply the law.

In order to take note of this topic, we have dealt with it from a philosophical point of view according to the following division: -