Defect of lack of justification of the criminal judgment

Abstract

      The judiciary is a major task and a great message, and it is of importance to what does not reach the end in the procedural legislation, it is one of the means that lead to the realization of the right and the dissemination of justice along with the application thereof well. In order for the judiciary to achieve the goals of the legislator, its provisions must generate the conviction of those who see it, and feel reassured towards it. This can be only achieved via causation.

      Causation is a clear, adequate and logical statement, for the real and legal arguments that prompted the court to pronounce judgments. The purpose of the legislator is to enforce the obligation to perform functions that are very important, including the function of causing the provisions through which the public interest can be maintained, as well as the preservation of the private interest and take it in a form characterized by real and legal safety, by urging judges to exert effort required and necessary attention, and fill the shortcomings in the issuance of criminal sentences.

      In order for the causation to be a means to justify and convince the performance of the functions to be achieved by carrying out the process of imposing the commitment to it, it necessitates the actual and real presence in the folds of the criminal judgment, whether in the judgment paper or through the assignment to another document. In addition to the existence of causation, it must be fully adequate, the facts and other reasons should be presented in a manner that is not ambiguous and confusing, and should not depart from the mental and logical contexts, and lead to the result reached by the adequacy of the judge's reasoning in an acceptable and proper manner.