Applied rationality of criminal policy

Abstract

Rationality in the field of applying the criminal text is considered an approach that directs the judge towards rational thinking in understanding reality and the law in order to build judicial rulings based on certainty and certainty, not on suspicion. Applied rationality goes through a series of processes, starting with the judge’s attempt to understand the incident before him in the criminal case and adapting the legal text. It concludes with the adjudication of this case by issuing a ruling that includes the conclusion reached by the judge.

Our research addresses the clarification of applied rationality as one of the stages of implementing rationality in criminal policy, in terms of the criminal judge’s attempt to apply the rational approach to studying the facts contained in the criminal case he is considering, understanding the legal ruling applicable to those facts, drawing conclusions, and issuing the criminal ruling, whether by conviction. Or acquittal, since this ruling is the final result of the criminal case procedures and the truth sought from it. Therefore, in this research, we relied on the analytical approach to analyze some legislation and judicial rulings related to the subject of the research in order to reach the most important conclusions and proposals.