Guarantees Execution of the Capital Punishment for Pregnant Women: A Comparative Study between Emirati and Jordanian Legislation

Abstract

This study aimed at a legal and scientific analysis of the Guarantees of the death penalty for pregnant women as a comparative study between Emirati and Jordanian legislation, At a time when there is a lot of controversy over the retention or abolition of this penalty. Researcher sought to analyze the Guarantees of execution of the penalty for the pregnant woman before and after the trial and during the execution between Emirati and Jordanian legislation, also analyzed the Definition of the death penalty and the controversy over maintaining or abolishing this penalty Supporting and opposing sides of Capital Punishment. The study obtained several results, the most important of which is we find that the text of Article 17 – Penal Code- talks about the replacement of the death penalty in life imprisonment, only before the issuance of the final judgment, but in the case of text 358- Code of Criminal Procedure , it is after the issuance of a final judgment in the case, then the execution is carried out after three months. In this we find that the Jordanian legislator was not successful in the text and that there is a conflict in the interest of the youngster and we recommend the legislator to amend the text to replace the death penalty with life imprisonment after the final judgment, in order to protect the fetus and take into account his interests.

Received: 24 January 2023 / Accepted: 21 April 2023 / Published: 5 May 2023