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Original Research

CONDONATION (FORGIVENESS) OF THE AGGRIEVED TEAM IN JORDANIAN PENAL LEGISLATION COMPARATIVE STUDY

Dr. MISHAEL MOHAMMAD AL-RAGGAD 1, and Dr. ABDULLAH KHALAF AL-RAGGAD 2.

Vol 18, No 06 ( 2023 )   |  DOI: 10.17605/OSF.IO/2XH6F   |   Author Affiliation: Full-Time Lecturer, Jadara University, Jordan 1; Associate Professor, German Jordanian University, Jordan 2.   |   Licensing: CC 4.0   |   Pg no: 193-206   |   Published on: 12-06-2023

Abstract

The study addressed the condonation of the aggrieved team as a contemporary pattern of restorative justice to reduce the criminal justice crisis by following the plan of the Jordanian Criminal legislator in how he addressed condonation to reach the form of the legal system of condonation adopted by Jordanian legislation and discuss the problems it raises. The study resulted in the fact that the Jordanian legislator did not adopt an integrated legal system regulating condonation, but rather mentioned some legal provisions in the Jordanian Penal Code, and concluded that the legislator expanded condonation to include all penal cases pending the claim of a personal right and pending a complaint, in addition to some misdemeanor crimes. The effect of condonation was determined by the forfeiture of the right lawsuit and the penalty imposed in non-conclusive judgments, and it stipulated that condonation is granted only in case the crime is not repeated and not to revoke the condonation, or suspend it on a condition, and all those sentenced regardless of the crime have the right to benefit from it, and it has no effect on civil obligations. It turns out that the legislator failed to make a clear condonation's legal status, as well as he did not establish a precise standard for determining what are the situations which are forgiven, It departed from several fundamental guidelines relating to judicial and legislative symmetry and failed to take the guilty party's consent into consideration, It turns out that there is a disagreement between some legal texts related to condonation and some certain texts as well as the official processes for condonation were not regulated. The study HAS provided a set of recommendations in this regard because


Keywords

Restorative Justice, Criminal Law Security, Condonation of the Aggrieved Team, Jordanian Penal Legislation.