The Judge's discretionary authority in the crime of refraining from providing relief to the distressed in light of the spread of epidemics

Abstract

The judge's primary function is not limited to applying the provisions of the law and deriving rulings from them, but he must also think and weigh conflicting evidence, the nature of the crime, and the circumstances surrounding the perpetrator. The judge's discretionary power varies according to the subject matter in which it is exercised. It may expand in crimes that affect a person's right to life, such as the crime of refraining from helping the distressed, and according to the circumstances of its commission, especially in exceptional circumstances. Then there must be limits to that power that form the circle of mental activity that the judge exercises, whether in adapting the criminal act, or in assessing the evidence or determining the punishment, especially with the spread of epidemics, which is considered an exceptional and dangerous circumstance that the world is going through, affecting the spread of crimes and violations as a result of the restrictions imposed by governments to control Emergency situation.