The extent of judicial oversight on the authority of the criminal judge in assessing the penalty

Abstract

This research dealt with the issue of the Court of Cassation's control over the power of the criminal judge to assess the punishment under the Jordanian judicial system, as the Jordanian legislator affirmed the legality of crimes and penalties in article III of the Penal Code No. 16 of 1960 and its amendments as follows: "There is no crime except by a provision and no penalty or measure not provided for by law shall be imposed when the crime is committed", The legislator imposes a penalty for each act under legal provisions, often between two limits, lower and higher, and leaves it to the judge to choose the appropriate penalty between these two limits with a view to achieving punitive individualization in a manner commensurate with the personality of the offender and his social and psychological circumstances.