Conditions for the Application of the Electronic Monitoring System During the Penal Execution Phase

Abstract

Humanity has made significant progress in technology, and the scientific developments the world has witnessed amidst the scientific revolution have cast their shadows on all areas of life, including its penetration into the field of criminal law and criminal justice. Countries have begun harnessing the achievements of modern technology and implementing digital transformation in the field of criminal justice in an attempt to overcome its crisis after its proven effectiveness in the countries that have implemented it. One manifestation of this technology is the use of electronic surveillance as an alternative punishment to imprisonment.

Electronic surveillance is implemented when the necessary conditions are met to legitimize it in a way that achieves its objectives of establishing a balance between ensuring justice on the one hand, and guaranteeing the rights and freedoms of individuals on the other. Moreover, penalties and their implementation methods are constantly evolving, and the application of electronic surveillance as an alternative punishment is one link in this development, contributing to the development and strengthening of criminal punitive policy to achieve its objectives. Furthermore, the Iraqi judiciary has not implemented electronic surveillance as an alternative punishment due to a legislative deficiency in Iraqi penal laws, despite its provision in the draft Iraqi Penal Code of 2021.