The dialectic of the death penalty Between retention and cancellation"An Analytical Study in Comparative Egyptian Legislation"

Abstract

The death penalty is one of the most prominent criminal penalties that has sparked controversy in the criminal law. The majority of comparative legislation has known its application since antiquity, and doubts and bad suspicions arose around it, and philosophers and jurists differed about it, as well as the position of comparative legislation between supporters and opponents of its application, given what it represents. violating the most important human rights, which is the right to life. The importance of the topic of research emerges in its attempt to research and consolidate the position of international conventions, jurisprudence, criminal legislation and the judiciary on this cruel punishment, which the majority of societies have known to apply throughout ancient, medieval and modern times. Life imprisonment or hard labor in order to protect the human right to life.

The research aims to study the position of criminal legislation and international and regional covenants on the death penalty, examine the position of heavenly laws on their application, review the position of jurisprudence and criminal schools on the death penalty, shed light on the legal guarantees established by legislation that still apply the death penalty, and examine the feasibility of maintaining the death penalty. And the feasibility of using other alternatives to replace it, highlighting the position of Egyptian and Arabic legislations on it, the availability of legal guarantees in its application, and identifying the global trend towards supporting the maintenance or abolition of the death penalty.

The research concluded with a set of findings and recommendations related to the implementation of the determinants of the national human rights strategy and the draft criminal procedure law of 2017, prepared by the Ministry of Justice in relation to death penalty provisions.