Since the early history of mankind on Earth, there has been a continuous evolution of laws and regulations governing human life. Among these laws, the concept of punishment emerged as an alternative to the ideas of revenge and the law of the jungle that prevailed for centuries. With the advent of modern times, comprehensive systems of state governance, including various laws, were established. In modern times, we see the establishment of a legal framework derived from the constitution of a state. This framework sets up a system that acts as a deterrent for wrongdoers and preserves the security of society by addressing any deficiency, crime, or violation. These punishments are implemented by the relevant judicial or law enforcement authorities. They serve the purposes of retribution, rehabilitation of the offender, and safeguarding the community.

As societies have evolved and modernized, punishments have also evolved to effectively deter offenders. Consequently, there are various types of punishments, including primary, disciplinary, complementary, and subsidiary punishments. Some may wonder about the nature of disciplinary punishments associated with this commonly used term. Disciplinary punishments are derived from statutory laws and are specified in criminal law. They primarily apply to crimes that fall within the jurisdiction of statutory law, such as crimes that warrant prescribed legal penalties or retribution. On the other hand, crimes falling under the jurisdiction of Islamic law (Sharia) are subject to the provisions of Islamic law, including punishments such as corporal punishments for offenses like alcohol consumption. From this explanation, it becomes clear that the term “disciplinary punishment” is a descriptive term referring to specific types of punishments within a legal context. 

When it comes to types of punishments, we can discuss primary punishments, which are directly and originally imposed as sentences. Examples of primary punishments include imprisonment, fines, or capital punishment. On the other hand, complementary punishments are discretionary penalties that the    may or may not impose based on the perceived circumstances, facts, and the defendant’s situation. Complementary punishments can include measures such as mandatory supervision, where the convicted individual is required to regularly report to the relevant security administration during specified intervals for a period of time even after serving the primary punishment. These complementary measures serve as a means of monitoring and ensuring compliance even after the completion of the primary punishment.

Indeed, additional examples of complementary punishments include deprivation of the right to hold public office and the suspension or revocation of a driver’s license. These measures can be applied in cases such as traffic offenses. Complementary punishments are intended to enhance deterrence, rehabilitation, and future crime prevention. They are discretionary measures granted by the judge based on their assessment and authority.

As for subsidiary punishments, they are penalties that are automatically associated with the primary punishment without any discretionary authority granted to the judge. For example, in cases of drug trafficking, confiscation of assets may be imposed. In cases of forgery of official documents, deportation of foreigners may be ordered. In electronic crimes, the confiscation of devices may be implemented. In these cases, the subsidiary punishment is inseparable from the primary punishment and is not subject to any discretionary authority. Once the primary punishment is imposed, the subsidiary punishment is also deemed to be imposed without any separation. 

By Lawyer 

PHD/ Mohammed Gawish