تفريد العقوبة الجزائية في القانون الفيدرالي الأمريكي والنظام السعودي (دراسة مقارنة)

Abstract

This study provides an analytical comparison of individualization of criminal punishment in both U.S. criminal federal law and Saudi criminal law. It addresses some of the most important elements related to individualization of punishment that revolve around its concept and the mechanism used to implement it. This is done through an explanation and comparison between the two legal systems.

Punishment is individualized in the U.S. federal system by referring to the application of the Federal Sentencing Guidelines. Unlike the guidelines implemented in the American federal system, there are no general organizational guidelines for the individualization of criminal punishment in the Saudi penal system. The individualization of punishment in the Saudi penal system is mostly linked to the discretionary authority of the judge, which he exercises within the limits of the legal regulation.

The study concludes that the mechanism used to individualize punishment according to the U.S. Federal Sentencing Guidelines has a significant role and impact on regulating the discretionary authority of criminal judges, which strengthens the unity and consistency of criminal judicial rulings.