The Independent Commission for Human Rights
each has his or her own interests and needs. These interests and needs could agree
or disagree or even collide with the interests of the society, and lead to disputes
and conflicts within it. Hence, the penal code assumes protection of human rights
including the right to life, security of individuals, and protection of property. It
determines the appropriate penalty according to the severity of the crime, and
punishes the offender for such violations, taking account of the social conscience,
and social-political and economic changes. Often the penal code faces difficulty
regarding adaptability to modern society, and compatibility with the basic values
of society, including religious and ethical values17.
2. Satisfaction with justice. Punishing each person for a crime committed makes
people feel satisfied with justice. Such satisfaction can be achieved by ensuring
each offender is punished for the crime committed and not able to escape justice. In
order to satisfy society’s concerns about justice within the judiciary, all individuals
must be equal before the law and their basic human rights respected. In light of
this, justice addresses individual responsibility, with punishment imposed on the
offender as well as those who have an indirect, inherent or secondary contribution
to the crime.
3. Security and legal stability. The law aims to achieve security, stability and assurance
for individuals within society by listing criminal acts and the punishments assigned
to them such as capital punishment, imprisonment and fines. the law as there is no
crime without a provision and no penalties could be imposed except for those that
are provided for by law. This reflects the legal stability which ensures security for
people and offenders themselves as they are subjected only to penalties that are
provided for by the law.
17 Sarur, 1992. Al-Wsit in penal code, p. 8.
18