The Effect of Mitigating Circumstances Is Disciplinary Punishment: A Comparative Study

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Ikram jaber Hassan, Hayder Abdulnabi Tooly, Majeed Majhool Darweesh


Although the law is static and reality is dynamic, the relationship between them is based on the principle of mutual influence that is based on the constant conflict between reality and the law, but in the end a kind of corruption occurs between them, and the control of the damage is the body competent to apply legal texts: the judiciary and the disciplinary authority the competent authority does not consider the act committed in isolation from the circumstances in which it was committed; this is because strict formal equality precludes taking into account the specific characteristics of each case and each person.                                          

Although the disciplinary law did not pay special attention to the mitigating circumstances of the penalty, the requirements of punitive justice require that it take into account- when imposing the punishment – the circumstances that accompanied the act, so that the punishment is appropriate, drawing on both legal and realistic facts, in order to come consistent with the desired goals of Disciplinary punishment, represented by the regular functioning of public utility .

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