Unjustified Punishment Theory and its Applications in the Jordanian Legislation -A comparative study-

Rashed I. Al-Shashani


Adopted the Jordanian legislator this theory punishment in Article (282) of the Code of Criminal Procedure, which requires the necessity of correcting the judgment of conviction, not undone, like legislation comparison, endorsed by, expansive in scope, to include situations requiring reverse the judgment, which led to the conflict of the texts, due contrast the role of the Court of Cassation, the veto power and awaken, due to disorder plan legislator for the ruling tinged defect in violation of law, between expansion and restrictions ; and the omission of the legislator to the different role of the Court of Cassation, on the other legislation that taking her text, the research found the need to limit the article, material mistake, after a review of the legislation and the position of the comparison districts, which took the theory.


Unjustified Punishment, Jordanian Legislation.

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