العفو عن العقوبة في التشريع الجزائري والكويتي
Abstract
Pardon of punishment is not a new criminal system, no State law almost devoid of text to this procedure, as defined by both Algeria and Kuwait, like other countries of the world since antiquity, it is defined as an authority vested in Algeria by the Constitution to the head of State and in Kuwait to the Prince used in national holidays occasions under which exempt the sentenced person from the penalty, either by dropping it in whole or in part or by replacing it with a lighter penalty. Despite widespread amnesty for punishment, also known in some countries under the name "Pardon" or "Presidential Pardon" in all States but not supported by all scholars, so split on the identification of legal nature and retaining it or cancel it or replace it with another criminal system to several directions.
Keywords: The presidential pardon- Forgiveness-Presidential Decree-Amnesty.
References
2. The competent the Public Prosecutionshall form the file and carry out investigations on the conduct of the sentenced person within the penal institution, and then send the file with his opinion to the Public Prosecution, which shall send it to the Ministry of Justice.
3. When the request for pardon is received with the file by the Ministry of Justice, the latter will immediately refer it to the Directorate of Penal Affairs and amnesties. After receiving the request by this latter, the file will be reviewed and sent to the Public Prosecutor for his report on the pardon applicant. Finally, the file is presented to the Supreme Judicial Council.
4. Whether the presidential pardon is granted at the request or at the initiative of the President of the Republic, the competent authority shall not change. The President of the Republic, under Article 91, paragraph 1 and 7, is constitutionally empowered to issue the pardon decision. The exercise of the right of pardon by the President of the Republic pursuant to the provisions of article175 of the 2016 Constitution. Consequently, the only authority authorized to issue it is the President of the Republic. The opinion of the Judicial Council remains only an advisory opinion.
Third Part: Legal Effects of Pardon of Punishment
The pardon of the sentence entails a number of legal effects relating to the sentence being sentenced (section I). In view of the reasons for the amnesty and the authority concerned, as well as its effects, the pardon system assesses many disadvantages and advantages (section II).
Section I: Legal Effects of Pardon
The legal effects of pardon in the Algerian and Kuwaiti legislations are limited to the following:
1. Exemption from full or partial punishment or replacement by a lighter sentence, as indicated in article 91 of the Constitution and the final paragraph of article 677 CPP, stating: "The total or partial exemption of the sentence by pardon is the basis for its total implementation Or partial ". It is the provision stated in the second paragraph of article 239 of the Kuwaiti law of Criminal Procedure referred to above.
2. The sentenced person may benefit from the temporary postponement of the implementation of the deprivation of liberty provisions if the sentence of imprisonment for which he is sentenced is less than six (6) months, or equal to it, for which he has applied for an amnesty, in accordance with article 16 paragraph 8, of the Law on the Organization of Prisons and Social Reintegration of Detainees.
3. A convicted person who is fully exempt from punishment shall be released immediately upon the issuance of the presidential amnesty decree, in accordance with the provisions of article 365 paragraph 01of the CPP.
4. In the case of the physical multiplicity of the offenses here, the amnesty shall be limited to the severe sanction to be applied in the case of annexation.
5. The period of reduction of the sentence under a presidential pardon is tantamount to a period of imprisonment for which the person actually has been imprisoned and is included in the probationary period, except for the case of the prisoner sentenced to perpetuity .
6. Suspension of the execution of the death sanction until the request for amnesty is rejected, and the person sentenced to death is not informed about the rejection of the pardon unless the penalty is implemented in accordance with articles 155 and 156 of the Law on the Organization of Prisons and Social Reintegration of Detainees.
7. Presidential pardon affects the original penalties and does not affect supplementary sanctions unless the amnesty decree explicitly states otherwise.
8. Presidential pardon affects the original penalties too and does not affect, in accordance with the amended Article 21 of the CPPthe security measure on judicial detention in a psychiatric institution, which states that this measure may be taken on the basis of an order, judgment or decision to convict the accused or pardon of punishment. It is understood that the decision of pardon does not affect the application of security measures with a therapeutic objective.
9. Presidential pardon does not affect the right of the injured party to compensation or the right of the public treasury to pay the amount of the fine unless the amnesty decree explicitly states otherwise.
10. The sentence of conviction remains valid and recorded on the pardoned and produced all its legal effects except for what the amnesty has removed from it .
11. The pardon does not affect the penalty in the crime and its effects. The ruling remains and the conviction is fixed and the judgment is recorded as a precedent in the criminal record. All what is happening is the editing of the amendment cards and sent them to the clerk of the Judicial Council or the Court or to the magistrate in charge of the central criminal record if the matter relates to pardon, replacement or reduction of the sentence .
12. The judicial consideration for the beneficiary of the pardon is that the decision to rehabilitate is at the request of the following conditions: a pardon for the accused, five years after the pardon if the penalty provided by law is more than three years or a three-year sentencefor thepenality which isnot more than that in accordance with article 242 of the Kuwaiti Code of Criminal Procedure.
Section II: Appreciation of the Pardon of Punishment
The assessment of the pardon of punishment requires a statement of the negatives (first) and the advantages of this system (second) which we draw from the provisions of this system and its justifications as follows:
2-1 The Disadvantages of Pardon of punishment
It still raises a great controversy in the jurisprudential circles, especially in theory, because it contradicts many legal principles. The most important negative aspects that were recorded are the following:
1. Violation of the principle of the authoritative power of the matter for the absolute judgement, which exhausted all the methods of appeal ordinary and extraordinary . this judgement became a title of the truth and requires the executive authority to implement as stated by the judiciary, then came the pardon of punishment system to rule out or replace the application of the sentence sentenced. It compromises the credibility of the authoritative judicial decisions.
2. Violation of the principle of separation of powers: The pardon of punishment was considered a means of easing cruel penalties. The legislator decided to impose penalties in the Penal Code on the basis of the principle of criminal justice , making them commensurate with the gravity of the crime and opening the judge's scope to decide the punishment according to the criminal gravity of the accused. Consequantly, there is no need to an outside part of the legislative and judicial authority to carry out the task of commutation or replacement of the sentence, which is not considered to be in the very essence of its powers, since it cannot disrupt the judicial decisions issued in accordance with the law at the time it is responsible for its implementation, this violates the principle of separation of public authorities and the principle of the independence of the judiciary authority.
3. A non-judicial authority controls the judge's assessment of the penal penalty: The Supreme Court shall be a court of law whose unique function is to monitor the proper interpretation and application of the law in view of the consideration of the appeal before it, and not to interfere with the assessment of substantive matters, including the judge's assessment of the penalty. Such authority must not be vested to another authority (the President of the Republic and the Prince).
4. Creating a situation of conflict in the same legal system: to say that the existence of pardon of punishment under the report of sanctions as a sanction for violations of the provisions of the Penal Code leads to create a conflict between the existence of the penalty and pardon in the same legal system.
5. The existence of better legal alternatives than the pardon for punishment: The justification for this pardon is to reduce theovercrowded prisons and to reduce the severity of punishment. These considerations are achieved by better legal mechanisms such as mitigating circumstances, impunity excuses, suspension, conditional release and alternatives to punishment without prejudice to the authority of the law and the validity of judicial decisions, while ensuring a measure of reform and rehabilitation achieved by the penalty of public benefit, for example, and not achieved by presidential amnesty.
2-2 The Advantages of the Pardon of Punishment
Despite the negatives and criticisms of some of the precepts of the pardon of punishment system, this mechanism has remained in practice and is enshrined in the constitutions and legislations of many countries around the world for its advantages:
1. Pardon of punishment is an indispensable means of achieving justice in order to remedy judicial errors in judgments that cannot be fixed by ordinary or unusual methods .
2. Pardon of punishment is important in correcting and correcting the convict through the possibility of using it as a reward for the convicted person for his good behavior, and his response to the rehabilitation program in a way that shows that the punishment has produced its purposes in it, so that there is no place to continue.
3. Pardon does not interfere with the work of the judiciary, because it does not erase the conviction attributed to the accused by the judiciary.
4. Punishment is a means of avoiding the implementation of some cruel punishments such as death execution if it is found to be more severe than is required by justice and the interest of society.
For our part, we believe that the application of pardon of punishment directly or indirectly involves violations of the general principles of law, such as the principle of separation of powers, the principle of the independence of the judiciary and the principle of the authority of the sentence, without forgetting that a presidential pardon would reduce the deprivation of liberty. Long-term punishment to short-term punishment, which judges refrain from speaking in response to recent trends and legislation calling for their exclusion and resort to alternatives.
Therefore, it is necessary to maintain the conditions of the presidential pardon in order to guarantee the real reform and rehabilitation of the convicted person who is benefiting from the pardon by committing him to certain measures of education and reform, such as preserving portions of the Qur'aan appliquedin some countries and has produced very encouraging results.
CONCLUSION
The study of the subject of pardon of punishment in the Algerian and Kuwaiti legislations ended with a number of conclusions and recommendations, the most important of which are the following points:
• Results
1. The pardon of punishment is not a procedural imperative necessary to achieve the purposes advocated by its supporters.It ispracticaly useless practical, as there are several more amnesty laws in line with modern penal policy and do not conflict with the principles such as general amnesty, judicial amnesty,impunity excuses, suspension, conditional release and alternatives to freedom-related punishment.
2. The disadvantages of this system in the form prescribed in Algerian law are more than their positives. It is a flawed system in many ways, in violation of the principle of equality of all in the law and the judiciary, in violation of criminal legitimacy and the principle of separation of powers.
• Recommendations
This recommends the abolition of the pardon of punishment system, if it must be maintained, it shall be constrained by a set of restrictions. Therfore,the study recommends the following:
1. Linking the pardon with a security measure or the penalty for public benefit to ensure rehabilitation of the convicted person.
2. The restriction of pardon of punishment by a special committee belonging to the Ministry of Justice and not by the Ministry of the Interior, which regulates the conditions for benefiting from the pardon, and does not leave it in the hands of the President or the Amir in respect of the principle of separation of powers.
3. To determine the crimes for which the perpetrators of the pardon benefit from the penalty in specific crimes not related to the crimes of the common law, and to limit them to certain crimes whose purpose is to preserve the supreme interest of the state and the stability of the country.
Sources and References:
• Sources:
1. Order No 66-155 of 08 June 1966 containing the amended and completed Algerian Code of Criminal Procedure.
2. Organic Law No 04-11 of 06 September 2004, which contains the Basic Law on the Judiciary.
3. Organic Law No 04-12 of 06 September 2004 concerning the formation, work and powers of the Supreme Judicial Council.
4. Law No 05-04 dated 06 February 2005, which contains the Law on the Organization of Prisons and Social Reintegration of Detainees.
5. Law No16-01 of 06 March 2016 includes a constitutional amendment.
6. The Kuwaiti Constitution.
7. Kuwaiti Code of Criminal Procedures.
8. Law against the crimes of information technology in Kuwait.
• References
- Books
1. Rabah Ghassan, Modern Trends in the General Amnesty Law, 2nd ed., Dar El-Khaloud, Beirut, 1992.
2. Abdullah Soliman, General Theory of Precautionary Measures, National Book Foundation, Algeria, 1990.
3. Mohamed Halabi, Explanation of the Jordanian Penal Code, edition 1, without publishing house.
4. Mahmoud Ibrahim Ismail, Explanation of general provisions in the Penal Code, Arab Thought House, Cairo, without a year.
5. Mahmoud Mahmoud Mustafa, Explanation of the Penal Code, General Section, eighth edition.
6. Habzi Abdel Malik, The Criminal Encyclopedia, Edi 2, part.4, Dar al-'Alm All, Beirut, Lebanon.
- Academic Thesis and Notes
1. Farida Ben Younis, Criminal Sentences, PhD Thesis, Faculty of Law and Political Science, Mohammed Khaydar University, Biskra, 2012-2013.
2. El-Ochaibi Kouider, Balancing Punishment and Amnesty, PhD thesis, Faculty of Islamic Civilization and Human Sciences, University of Oran, 2012-2013.
3. Louni Farida, rehabilitation for the condemned in Algerian criminal law and comparative law, Master's thesis, Faculty of Law and Administrative Sciences, Ben Aknoun, University of Algiers, 2003-2004.
- Articles
1. Shardoud al-Tayeb, "Special amnesty in criminal law and its effects," Al-Haqqa, Ahmed Derayah University, Adrar, No. 39.
2. Ammar Yasser Jamous, "Parliamentary Immunity and Special Pardon and their Impact on Combating Corruption in Palestine", Musawah Magazine, issued by the Palestinian Center for the Independence of Law and Justice, December 2015.
3. Farida Ben Younis, "The Comprehensive Amnesty and Legislative Jurisdiction of the President of the Republic in Algerian Law," Journal of the Thinker, Faculty of Law and Political Science, Mohammed Khaydar University, Biskra, Issue 7.
4. Ammar Yasser Jamous, "Parliamentary immunity and special amnesty and their impact on combating corruption in Palestine," Palestinian Center for the Independence of Law and Justice "Musawah", December 2015.
5. Salwa Hussein Hassan Rizk, "The Constitution and the Principle of pardon of Punishment", Journal of Legal and Economic Research, No. 49 April 2011, Faculty of Law, Mansoura University, Egypt.
3. When the request for pardon is received with the file by the Ministry of Justice, the latter will immediately refer it to the Directorate of Penal Affairs and amnesties. After receiving the request by this latter, the file will be reviewed and sent to the Public Prosecutor for his report on the pardon applicant. Finally, the file is presented to the Supreme Judicial Council.
4. Whether the presidential pardon is granted at the request or at the initiative of the President of the Republic, the competent authority shall not change. The President of the Republic, under Article 91, paragraph 1 and 7, is constitutionally empowered to issue the pardon decision. The exercise of the right of pardon by the President of the Republic pursuant to the provisions of article175 of the 2016 Constitution. Consequently, the only authority authorized to issue it is the President of the Republic. The opinion of the Judicial Council remains only an advisory opinion.
Third Part: Legal Effects of Pardon of Punishment
The pardon of the sentence entails a number of legal effects relating to the sentence being sentenced (section I). In view of the reasons for the amnesty and the authority concerned, as well as its effects, the pardon system assesses many disadvantages and advantages (section II).
Section I: Legal Effects of Pardon
The legal effects of pardon in the Algerian and Kuwaiti legislations are limited to the following:
1. Exemption from full or partial punishment or replacement by a lighter sentence, as indicated in article 91 of the Constitution and the final paragraph of article 677 CPP, stating: "The total or partial exemption of the sentence by pardon is the basis for its total implementation Or partial ". It is the provision stated in the second paragraph of article 239 of the Kuwaiti law of Criminal Procedure referred to above.
2. The sentenced person may benefit from the temporary postponement of the implementation of the deprivation of liberty provisions if the sentence of imprisonment for which he is sentenced is less than six (6) months, or equal to it, for which he has applied for an amnesty, in accordance with article 16 paragraph 8, of the Law on the Organization of Prisons and Social Reintegration of Detainees.
3. A convicted person who is fully exempt from punishment shall be released immediately upon the issuance of the presidential amnesty decree, in accordance with the provisions of article 365 paragraph 01of the CPP.
4. In the case of the physical multiplicity of the offenses here, the amnesty shall be limited to the severe sanction to be applied in the case of annexation.
5. The period of reduction of the sentence under a presidential pardon is tantamount to a period of imprisonment for which the person actually has been imprisoned and is included in the probationary period, except for the case of the prisoner sentenced to perpetuity .
6. Suspension of the execution of the death sanction until the request for amnesty is rejected, and the person sentenced to death is not informed about the rejection of the pardon unless the penalty is implemented in accordance with articles 155 and 156 of the Law on the Organization of Prisons and Social Reintegration of Detainees.
7. Presidential pardon affects the original penalties and does not affect supplementary sanctions unless the amnesty decree explicitly states otherwise.
8. Presidential pardon affects the original penalties too and does not affect, in accordance with the amended Article 21 of the CPPthe security measure on judicial detention in a psychiatric institution, which states that this measure may be taken on the basis of an order, judgment or decision to convict the accused or pardon of punishment. It is understood that the decision of pardon does not affect the application of security measures with a therapeutic objective.
9. Presidential pardon does not affect the right of the injured party to compensation or the right of the public treasury to pay the amount of the fine unless the amnesty decree explicitly states otherwise.
10. The sentence of conviction remains valid and recorded on the pardoned and produced all its legal effects except for what the amnesty has removed from it .
11. The pardon does not affect the penalty in the crime and its effects. The ruling remains and the conviction is fixed and the judgment is recorded as a precedent in the criminal record. All what is happening is the editing of the amendment cards and sent them to the clerk of the Judicial Council or the Court or to the magistrate in charge of the central criminal record if the matter relates to pardon, replacement or reduction of the sentence .
12. The judicial consideration for the beneficiary of the pardon is that the decision to rehabilitate is at the request of the following conditions: a pardon for the accused, five years after the pardon if the penalty provided by law is more than three years or a three-year sentencefor thepenality which isnot more than that in accordance with article 242 of the Kuwaiti Code of Criminal Procedure.
Section II: Appreciation of the Pardon of Punishment
The assessment of the pardon of punishment requires a statement of the negatives (first) and the advantages of this system (second) which we draw from the provisions of this system and its justifications as follows:
2-1 The Disadvantages of Pardon of punishment
It still raises a great controversy in the jurisprudential circles, especially in theory, because it contradicts many legal principles. The most important negative aspects that were recorded are the following:
1. Violation of the principle of the authoritative power of the matter for the absolute judgement, which exhausted all the methods of appeal ordinary and extraordinary . this judgement became a title of the truth and requires the executive authority to implement as stated by the judiciary, then came the pardon of punishment system to rule out or replace the application of the sentence sentenced. It compromises the credibility of the authoritative judicial decisions.
2. Violation of the principle of separation of powers: The pardon of punishment was considered a means of easing cruel penalties. The legislator decided to impose penalties in the Penal Code on the basis of the principle of criminal justice , making them commensurate with the gravity of the crime and opening the judge's scope to decide the punishment according to the criminal gravity of the accused. Consequantly, there is no need to an outside part of the legislative and judicial authority to carry out the task of commutation or replacement of the sentence, which is not considered to be in the very essence of its powers, since it cannot disrupt the judicial decisions issued in accordance with the law at the time it is responsible for its implementation, this violates the principle of separation of public authorities and the principle of the independence of the judiciary authority.
3. A non-judicial authority controls the judge's assessment of the penal penalty: The Supreme Court shall be a court of law whose unique function is to monitor the proper interpretation and application of the law in view of the consideration of the appeal before it, and not to interfere with the assessment of substantive matters, including the judge's assessment of the penalty. Such authority must not be vested to another authority (the President of the Republic and the Prince).
4. Creating a situation of conflict in the same legal system: to say that the existence of pardon of punishment under the report of sanctions as a sanction for violations of the provisions of the Penal Code leads to create a conflict between the existence of the penalty and pardon in the same legal system.
5. The existence of better legal alternatives than the pardon for punishment: The justification for this pardon is to reduce theovercrowded prisons and to reduce the severity of punishment. These considerations are achieved by better legal mechanisms such as mitigating circumstances, impunity excuses, suspension, conditional release and alternatives to punishment without prejudice to the authority of the law and the validity of judicial decisions, while ensuring a measure of reform and rehabilitation achieved by the penalty of public benefit, for example, and not achieved by presidential amnesty.
2-2 The Advantages of the Pardon of Punishment
Despite the negatives and criticisms of some of the precepts of the pardon of punishment system, this mechanism has remained in practice and is enshrined in the constitutions and legislations of many countries around the world for its advantages:
1. Pardon of punishment is an indispensable means of achieving justice in order to remedy judicial errors in judgments that cannot be fixed by ordinary or unusual methods .
2. Pardon of punishment is important in correcting and correcting the convict through the possibility of using it as a reward for the convicted person for his good behavior, and his response to the rehabilitation program in a way that shows that the punishment has produced its purposes in it, so that there is no place to continue.
3. Pardon does not interfere with the work of the judiciary, because it does not erase the conviction attributed to the accused by the judiciary.
4. Punishment is a means of avoiding the implementation of some cruel punishments such as death execution if it is found to be more severe than is required by justice and the interest of society.
For our part, we believe that the application of pardon of punishment directly or indirectly involves violations of the general principles of law, such as the principle of separation of powers, the principle of the independence of the judiciary and the principle of the authority of the sentence, without forgetting that a presidential pardon would reduce the deprivation of liberty. Long-term punishment to short-term punishment, which judges refrain from speaking in response to recent trends and legislation calling for their exclusion and resort to alternatives.
Therefore, it is necessary to maintain the conditions of the presidential pardon in order to guarantee the real reform and rehabilitation of the convicted person who is benefiting from the pardon by committing him to certain measures of education and reform, such as preserving portions of the Qur'aan appliquedin some countries and has produced very encouraging results.
CONCLUSION
The study of the subject of pardon of punishment in the Algerian and Kuwaiti legislations ended with a number of conclusions and recommendations, the most important of which are the following points:
• Results
1. The pardon of punishment is not a procedural imperative necessary to achieve the purposes advocated by its supporters.It ispracticaly useless practical, as there are several more amnesty laws in line with modern penal policy and do not conflict with the principles such as general amnesty, judicial amnesty,impunity excuses, suspension, conditional release and alternatives to freedom-related punishment.
2. The disadvantages of this system in the form prescribed in Algerian law are more than their positives. It is a flawed system in many ways, in violation of the principle of equality of all in the law and the judiciary, in violation of criminal legitimacy and the principle of separation of powers.
• Recommendations
This recommends the abolition of the pardon of punishment system, if it must be maintained, it shall be constrained by a set of restrictions. Therfore,the study recommends the following:
1. Linking the pardon with a security measure or the penalty for public benefit to ensure rehabilitation of the convicted person.
2. The restriction of pardon of punishment by a special committee belonging to the Ministry of Justice and not by the Ministry of the Interior, which regulates the conditions for benefiting from the pardon, and does not leave it in the hands of the President or the Amir in respect of the principle of separation of powers.
3. To determine the crimes for which the perpetrators of the pardon benefit from the penalty in specific crimes not related to the crimes of the common law, and to limit them to certain crimes whose purpose is to preserve the supreme interest of the state and the stability of the country.
Sources and References:
• Sources:
1. Order No 66-155 of 08 June 1966 containing the amended and completed Algerian Code of Criminal Procedure.
2. Organic Law No 04-11 of 06 September 2004, which contains the Basic Law on the Judiciary.
3. Organic Law No 04-12 of 06 September 2004 concerning the formation, work and powers of the Supreme Judicial Council.
4. Law No 05-04 dated 06 February 2005, which contains the Law on the Organization of Prisons and Social Reintegration of Detainees.
5. Law No16-01 of 06 March 2016 includes a constitutional amendment.
6. The Kuwaiti Constitution.
7. Kuwaiti Code of Criminal Procedures.
8. Law against the crimes of information technology in Kuwait.
• References
- Books
1. Rabah Ghassan, Modern Trends in the General Amnesty Law, 2nd ed., Dar El-Khaloud, Beirut, 1992.
2. Abdullah Soliman, General Theory of Precautionary Measures, National Book Foundation, Algeria, 1990.
3. Mohamed Halabi, Explanation of the Jordanian Penal Code, edition 1, without publishing house.
4. Mahmoud Ibrahim Ismail, Explanation of general provisions in the Penal Code, Arab Thought House, Cairo, without a year.
5. Mahmoud Mahmoud Mustafa, Explanation of the Penal Code, General Section, eighth edition.
6. Habzi Abdel Malik, The Criminal Encyclopedia, Edi 2, part.4, Dar al-'Alm All, Beirut, Lebanon.
- Academic Thesis and Notes
1. Farida Ben Younis, Criminal Sentences, PhD Thesis, Faculty of Law and Political Science, Mohammed Khaydar University, Biskra, 2012-2013.
2. El-Ochaibi Kouider, Balancing Punishment and Amnesty, PhD thesis, Faculty of Islamic Civilization and Human Sciences, University of Oran, 2012-2013.
3. Louni Farida, rehabilitation for the condemned in Algerian criminal law and comparative law, Master's thesis, Faculty of Law and Administrative Sciences, Ben Aknoun, University of Algiers, 2003-2004.
- Articles
1. Shardoud al-Tayeb, "Special amnesty in criminal law and its effects," Al-Haqqa, Ahmed Derayah University, Adrar, No. 39.
2. Ammar Yasser Jamous, "Parliamentary Immunity and Special Pardon and their Impact on Combating Corruption in Palestine", Musawah Magazine, issued by the Palestinian Center for the Independence of Law and Justice, December 2015.
3. Farida Ben Younis, "The Comprehensive Amnesty and Legislative Jurisdiction of the President of the Republic in Algerian Law," Journal of the Thinker, Faculty of Law and Political Science, Mohammed Khaydar University, Biskra, Issue 7.
4. Ammar Yasser Jamous, "Parliamentary immunity and special amnesty and their impact on combating corruption in Palestine," Palestinian Center for the Independence of Law and Justice "Musawah", December 2015.
5. Salwa Hussein Hassan Rizk, "The Constitution and the Principle of pardon of Punishment", Journal of Legal and Economic Research, No. 49 April 2011, Faculty of Law, Mansoura University, Egypt.
