محكمة الجنايات الكبرى اسباب الانشاء ومبررات الالغاء في التشريع الفلسطيني
Date
2020-06-03
Authors
عمرو ناصر عثمان عمرو
Amro Nasser Othman Amro
Journal Title
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Publisher
جامعة القدس
Abstract
This study tackles the topic (the Great Criminal Court, the reasons for establishment and the justifications for cancellation) in terms of the procedures regulating this court contained in Resolution No. (9) of (2018) and the procedures for the preliminary investigation stage that precedes the trial phase mentioned in Resolution No. (9) for the year (2018) Through research by interrogation and arrest as one of the primary investigation procedures for felony crimes falling within the specific jurisdiction of the Greater Criminal Court, the study also clarified the procedures for dealing with a public lawsuit after completing the preliminary investigation by clarifying the controls and procedures for referring the accused for the accusation The accused armrest of the Court of major crimes and also the procedures and the reasons for keeping the special case in major criminal offenses.
The study also clarified the procedures for the trial in absentia and the major criminal court, appeal and appeal, and cassation of rulings issued by the criminal court. Perception of the special procedures in the major felony crimes related to the primary investigation stage and the trial phase and analyze it, through examining whether these procedures are capable of not affecting the defendant's rights to defend himself and his freedom or not, so the accused has the right to defend himself, Internal constitutions and international charters, even though these procedures are sufficient and capable of achieving justice and securing the rights of the accused in all litigation procedures. The right to a fair trial is one of the fundamental rights of the human being. The conditions for a fair trial must be met from the moment of the arrest and detention of the accused and their presentation to trial, initially, appeals, and denunciations, even if these
procedures are able to create a balance between the speed of the investigation and the trial without prejudice to the right of the accused to a fair trial, One of the requirements of a fair trial is that a person be tried within a reasonable period of time, as the speed of the trial includes a guarantee of the effectiveness of the punishment, protection of the rights of the victim, protection of evidence, innocence, and removal of the insecurity and anxiety of the accused. And did these procedures preserve the presumption of innocence, so the accused is innocent until proven guilty by a judgment that fulfills all the conditions of the appeal, and was the abolition of the major criminal court and the procedures regulating its work a reality in his place, and this study relied on the descriptive analytical approach and the study concluded a set of results, the most important of which is that The Palestinian legislator was mistaken to cancel the Great Criminal Court and the procedures regulating it, and he had to keep it while introducing an amendment to some of the texts mentioned in Resolution No. (9) of (2018) regulating its work, which proved to be ineffective. The Palestinian judiciary needs the Great Criminal Court, The High Criminal Court and its organized procedures are able to achieve justice to some extent, and the court did not take the time to test it if it provided adequate guarantees for the accused against the right to a fair trial or not. At the end, the study recommended that the Supreme Criminal Court be reinstated after amending after the texts that regulate its work and the limits of its jurisdiction in a manner that achieves the best guarantee for the accused in a fair trial.
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Citation
عمرو، عمرو ناصر. (2020). محكمة الجنايات الكبرى اسباب الانشاء ومبررات الالغاء في التشريع الفلسطيني
[رسالة ماجستير منشورة، جامعة القدس، فلسطين]. المستودع الرقمي لجامعة القدس. https://arab-
scholars.com/020d5f