THE DEATH PENALTY BETWEEN RETAIN AND CANCELLATION EXPLORATORY RESEARCH FOR THE VIEWS OF A GROUP OF JUDGES AND JURISTS

Abstract

Capital punishment is one of the most serious penalties, as it means depriving the criminal for the result of his life committed to a particular offense, the means by law. Despite the fact that such a penalty is one of the oldest penalties, because historical roots due to the primitive societies, the onset of human societies Organization, which resorted to individuals and communities of different means of addressing crime, but they raised several objections, and demanded a fair number should be repealed, however, the majority of men still with the doctrine to uphold the retention of the penalty. Of course, each team arguments and methods that justify upholding position.And between support and rejection stood legislation divergent positions and where it supports the death penalty in favor of the doctrine is the most important means of deterring year and the most effective is undeniable is the wickedness of this device and stand on this important issue we have had this exploratory search of the views of a selected group of judges and jurists. The study result showed that the majority of the sample believed in the possibility of alternatives to replace the death penalty and life imprisonment efficient alternative to the death penalty and the possibility identified and applied in the narrow limits ordered by the Islamic Sharia and the possibility of lifting the death penalty from Iraq in the future after completion of the execution of the henchmen of the former regime. In light of the results emerging from the inter recommendations, which we hope will contribute to the service of this particular case and be useful to the legal studies in general and advancing legal progress in Iraq in particular.