The Criminal Judge's Authority in Assessing Criminal Dangerousness and the Resulting Penalty

Abstract

        Modern criminal policy calls for attention to criminals who appear to pose a criminal threat that threatens the security and safety of society, To confront this dangerous individual, studies focus on trying to understand the reasons and motives that drove them to commit crimes, in order to address them and reduce the criminal danger of the perpetrator, To this end, legislation imposes certain measures on criminals to protect society from the phenomenon of crime, Legislators have focused on the criminal individual and the extent of their criminal danger, given its impact on the enactment of laws, Viewpoints have differed regarding defining the concept of criminal danger, as well as regarding the discretionary power of the criminal judge in assessing criminal danger, The importance of this research lies in the important status of criminal danger and its impact on determining the appropriate penalty for a dangerous individual. The research objectives are numerous, including understanding criminal danger and its relationship to the individual's personality, and its success as a basis for determining the appropriate criminal penalty for a person who poses a criminal danger, The methods used in the research are descriptive and analytical, This research has been divided into three sections, the first of which is devoted to The subjective nature of criminal danger, The second section will address the assessment of criminal danger and the authority of the criminal judge in this regard, The final section will address the authority of the criminal judge in assessing the penalty,