Section IV: Alternative sanctions not based on deprivation of freedom 1. Punishment is the penalty prescribed by law and signed by the judge by a court judgment on behalf of the society for anyone responsible for the crime and commensurate with it. The fact that punishment is a penalty, it must involve pain for the perpetrator who violated the provisions of the law, and that is done by depriving him of the rights he enjoys. If there’s a crime, then there is a penalty. So, there is no penalty unless a crime is committed and someone is responsible for it, as well as taking the principle of legitimacy that a penalty and a crime are based on judicial texts in line with the right to the enjoyment of the guarantees of fair trial. 2. P  unishment as a sanction, has an educational role in society, which is to achieve its best interests by combating crime through punishment of the perpetrator, and the judiciary is the competent authority for deciding on the punishment of anyone responsible for a crime. The punishment varies according to the offense and its gravity, and can either be a deprivation of freedom or a financial penalty, and these penalties are decided by a judge depending on the real circumstances of the offender, both of which are related to the conditions and circumstances of the offense, or those related to the person of the offender and how dangerous he is as a criminal. 3. T  he punishment concerning deprivation of freedom is one of the most severe penalties – following the punishment of death – and is given after taking into consideration the type of offense committed and its extent and gravity, and its efficiency in the overall and private deterrence and reform of the offender. However, the realities and scientific studies, and recent trends of punitive philosophy have shown a range of options that keep pace with the evolution of societies such as alternative punishments for sentences of imprisonment, which are not the most efficient and effective to achieve its purpose, being based on the exclusion of the perpetrators from their social surroundings and their natural environment , as it may be the reason for the acquisition of other habits harmful to them and their community. 4. Alternative penalties are those imposed by the judiciary on the convict instead of the deprivation of freedom penalties, with the need to be consistent with the objective to achieve general and private deterrence, and that it would reform the convict and result in his rehabilitation. Experiments have shown that punishment concerning deprivation of freedom, in certain cases, is not enough to achieve the desired outcomes from the criminal justice system, as well as the fact that it is no longer the best method for the rehabilitation and reintegration of offenders in the society. The core reason behind the alternative punishments is to find effective ways other than deprivation of freedom that would enable the authorities to introduce the principle of proportionality with the needs of the offender, the nature of the offense he committed, and the circumstances of the case and the needs of society; and it should be noted that the alternative penalties system is applied to misdemeanors and not felonies. 66