THE JURY TRIAL: MORE DEMOCRACY OR THE IDEAL OF DEMOCRACY? GEORGIA – SOME FACTS AND FIGURES
Öz
The penalties stipulated for crimes are determined by considering the possibility of violating the crime type once. However, it is possible to violate the same type of crime more than once or different types of crimes with one or more acts. Aggregation rules bring solutions to the responsibility of the perpetrator and in this context how to determine the punishment to be given in case of more than one crime committed by a person. According to the majority of Islamic jurists, if the same crime is committed more than once before the penalty is given, one punishment is sufficient. If different crimes with different punishments are committed, as a rule, the punishment of each is given separately. First, the punishment where personal rights are dominant or the death penalty that does not allow the implementation of other punishments is started. If the punishment of different crimes is of the same type, it is contented with the application of the heaviest. The crimes that are the elements of rebellion (bağy), highway robbery (hırabe) and apostasy from Islam (ridde) which are compound crimes are not also punished. However, real aggregation rules are applied in the crimes of rebels like commiting fornication (zina) and drinking wine (şürb) which are not elements of rebellion (bağy). It is essential to apply the material (real) aggregation rules in crimes committed against individuals. Tadahul in hadd is the state of being contented with one hadd penalty due to the crimes committed more than once. A punishment of qazif is given to those accused of adultery with one word or another. In fact, although one has committed as many crimes as the number of victims, one is contented with the punishment of one crime in accordance with aggregation provisions
Anahtar Kelimeler
Kaynakça
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