The Discretionary Power of the Criminal Judge in Determining Penalties under Libyan Law

Abstract

The discretionary power of the criminal judge in assessing the penalty is the basis for achieving justice, especially after the change in the view of penal systems towards the criminal, as the penalty has become a tool and a means to reform the criminal and rehabilitate him to be a good member of society. Consequently, criminal legislation has granted the judge the power to individualize the penalty according to the case presented to him. He has the right to reduce the penalty in the event of the presence of circumstances other than the circumstances of legal mitigating excuses. He can reduce the penalty prescribed for the crime, and he can increase the penalty in other circumstances, or choose between the maximum or minimum penalty. He also has the right to suspend the implementation of the penalty. This power granted to the judge is restricted by controls that prevent the judge from abusing his discretionary power.