إيقاف تنفيذ العقوبة بين القاعدة والاستثناء

Abstract

This research includes stopping the execution of the sentence between the rule and the exception, as this system is important in rehabilitating the convict. In the first research. I explained the rule for suspending the execution of a penalty, including the system of suspending execution in terms of its conditions, effects, and the jurisprudence's opinion on it. While in the second research I clarified the exception to the suspension of execution The regular texts included the impermissibility of suspending of execution and the disadvantages of not permissibility of suspension from a legal standpoint and practical reality. By tracking the relevant laws, it became clear that the Libyan legislator does not permit the suspension of the execution of the penalty in some cases, this restricts the judge's freedom to individualize the punishment and deprives him of his freedom to achieve justice, in addition to the harshness of execution in some cases.