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The criminal legislation aims to find the shortest and most effective ways to affect the persons involved in the crime. This is done through the separation of the legislative and the punitive. Therefore، we find that the Iraqi legislator has sought to find alternative ways to implement the short term punishment which may be more harmful The Iraqi legislator has allowed the court to apply the system closest to achieving deterrence and justice at the same time through the system of stopping the implementation of the penalty، which stipulated the application of several conditions is a real guarantee to activate the role of the judiciary in the reform of society and To maintain the security of criminal society.