The principle of proportionality between crime and punishment

Abstract

   The principle of proportionality between crime and punishment is one of the most important criminal principles that helps punishment achieve its desired goal, which is to achieve general and specific deterrence, and this paper aims to explain its concept and A review of the standards that influenced legislation to determine the appropriate punishment for each crime, starting with the objective standard, passing through the personal standard, and arriving at the mixed standard that still dominates contemporary criminal policy, in addition to explaining the legislative individualization of punishment, through which the judge is granted discretionary authority to rule on the appropriate punishment for the crime and The research problem revolves around the adequacy of legislative individualization in achieving the objectives of deterrence, reform, and rehabilitation of the offender. This research has shown that the Libyan legislator, in determining the appropriate penalty for a crime, relied on the specifics of the crime, the seriousness of the offender, and the extent of his criminal propensity. Not only that, but the legislator also granted the judge discretionary power, allowing him to impose an appropriate penalty within the legally prescribed limits.