By Counselor / Taha Hussein
Many people believe that the issuance of a conviction necessarily means the execution of the penalty and the entry of the convicted person into the circle of punishment. However, the truth is that the law—through its wisdom and balance—has opened an important door to reform known as the suspension of the execution of the sentence.
Article 55 of the Penal Code grants the court the authority to issue a conviction in a felony or misdemeanor case, and then decide not to enforce the penalty if it consists of a fine or imprisonment not exceeding one year, whenever the personality and circumstances of the convicted person inspire confidence.
In doing so, the court considers the individual’s morals, past record, age, and the circumstances surrounding the offense. If the court is convinced that the person is not a habitual offender and that the wrongdoing was incidental rather than inherent, it may order the suspension of execution.
Notably, the law does not treat this measure as automatic or merely formal. Rather, it obliges the court to explicitly state its reasons within the judgment itself, affirming that justice is not exercised in secrecy and that every decision must be grounded in clear reasoning and legal justification.
The effect of suspending execution does not stop at the penalty itself; it may extend to ancillary penalties and the criminal consequences resulting from the conviction. The objective thus goes beyond merely suspending punishment to safeguarding the future of an individual who has been convicted without closing the door to reform.
This provision embodies a refined legal philosophy:
the law does not punish for the sake of punishment alone, but rather strikes a balance between deterrence and mercy, between protecting society and granting an opportunity to those who deserve it.
📌 Awareness of such legal provisions may change the course of an entire case—and may save an entire future.
Counselor / Taha Hussein
Legal Consultant and Attorney at Law before the Court of Cassation
Member of the Arab Lawyers Union