Controls for Individualizing Criminal Punishment in Sudanese Law 10.35781/1637-000-112-004

Abstract

The Controls For Individualizing Criminal Punishment Represent The Conditions That The Sudanese Legislator Has Set For the Court When Choosing The Appropriate Criminal Punishment According To The Quantitative And Qualitative Gradation In Order For The Punishment To Achieve Its Goals. The Analytical And Deductive Approach Was Followed In This Research. The Objectives Of This Research Are To Clarify The Controls Set By The Sudanese Legislator Regarding The Judge’s Authority To Individualize The Criminal penalty and to know The Effect Of The Subject Court’s Monopoly In Determining The Criminal Penalty Without Interference From The Higher Courts. The Problem Of The Research Lies In The Fact That The Sudanese Legislator Did Not Set Sufficient Controls To Help The Judge Determine The Appropriate Punishment For The Criminal Act, As The Punishments For A single Act Are Multiple In Some Crimes, So He Has Broad Authority In Choosing The Punishment, Which Often Results In The Abuse Of Power. The Importance Of The Research Is That The Punishment Is Unique Among The Methods That The Courts Resort To In Order To Make The Punishment Appropriate To The Crime, Taking Into Account All The Surrounding Circumstances. The Results Of The Research Are That The Sudanese Legislator Has Granted The Court Broad Authority To Reduce The Criminal Penalty when it did not set a minimum penalty for most crimes in the Penal Code of 1991, as the judicial rulings were not deterrent and did not achieve the goals of the penalty. The Study Recommended That The Sudanese Legislator Must Determine Sufficient Controls That Help The Judge Determine The Appropriate Punishment For The Criminal Act And That The Ruling Must Include Reasons For Reducing It To The Minimum Or Taking It To The Maximum.