الملخص الإنجليزي
Thesis Synopsis:
Mitigating punishment systems vary in the sense that they can be confused despite the differences in the provisions governing each system. Consequently, this study was focused on one of the prominent systems of mitigating punishment i.e. mitigating legal excuses of punishment system.
This thesis investigated the origins of that system and the role of divine religions, Eastern and Western communities, and punishment schools in introducing mitigating legal excuses of punishment system. This study explored the similarities and differences between mitigating legal excuses of punishment system and the other significant legal systems which share a similitude with the said system to eliminate the confusion.
Furthermore, this thesis explains the significant general and specific applications of mitigating legal excuses of punishment system within the framework of Bahraini legislation and a number of comparative law legislations, in addition to the most important practical reality issues in the application of mitigating legal excuses of punishment system which could expand the discretionary power of judge and allow jurisprudence in a way that could contradict the legal underpinnings practiced by this system that accepts exclusive received cases. Thus, this study was aimed at finding a number of practical solutions to address and deal with the problems arising from mitigating legal excuses system.
This thesis is divided into a preliminary research and five chapters, in where the preliminary research discusses the historical development of mitigating legal excuses of punishment. The first chapter explores the philosophical foundation of mitigating legal excuses of punishment, the second chapter exhibits the essence of mitigating legal excuses of punishment, the third chapter shows the legislative applications of general mitigating legal excuses of punishment, and the fourth chapter explains the legislative applications of specific mitigating legal excuses of punishment. Finally, the last chapter exhibits the effect of mitigating legal excuses of punishment and the problems occurring in application. I conclude this research with an epilogue inclusive of the significant obtained findings in addition to a number of recommendations aimed at the Bahraini legislator.
