الحماية الجنائية لذوي المقامات العليا في السلطة العامة
Date
2020-08-29
Authors
مؤيد نايف يونس شلالدة
moayad nayef younis shalaldeh
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
Summary of the study Any observer who is looking at world events can see international attention on the issue of political reform and democratic transition from authoritarian rule to giving the state space of freedom for its citizens and reining in its employees, particularly those in high positions in the state.
However, the worsening of the problems of poverty, unemployment, ignorance and corruption within societies and the intensified competition between political parties have led some to target state institutions in general and their senior officials in particular in an attempt to undermine the prestige of the state and stabilize its system and reputation at home and abroad.
This eventually leads to the dismantling of the state and the disengagement of the people from its leadership, thereby taking the means of abandoning the rule of law to defame, bully and offend the state system and its symbols.
This study examines the effectiveness of the options made by the Palestinian legislator to strike a balance between two important interests: subjecting the holders of the legal office of the state to the
law, and granting them sufficient penal protection to ensure the proper functioning of the work and maintaining the prestige of the state on the other. The main problem of the study is to show the adequacy of the penal protection of those holding legal positions in the state in Palestinian legislation.
The government's policy of "protecting the rights of the population" is a matter of priority. This study finds the most important results of the lack of objective protection granted to some holders of legal positions in the State, especially in the legislative and judicial branches, and the research also monitors the existence of a marked disparity between law enforcement agencies in understanding and applying the legislative policy in relation to the objective and procedural protection granted to the men of public authority.
The study recommends that amendments should be made to the provisions of the Penal Code and the Code of Criminal Procedure to avoid weaknesses and deficiencies in the penal protection system granted to those entrusted with highly important and influential leadership positions.
Instead of researching the criminal protection of public office in general, the importance of the study lies in the fact that it is the first in Palestine to focus on the issue of criminal protection for the legal positions of the three authorities in the state. Based on the different judicial rulings, opinions of jurists, the legal principles of law and legal principles in the relevant penal legislation, this study relied on both the descriptive approach, the analytical approach (in the extrapolation and the extrapolation) and the comparative approach to present and
analyze the findings and recommendations reached at the end of its chapters.
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Citation
شلالدة، مؤيد نايف. (2020). الحماية الجنائية لذوي المقامات العليا في السلطة العامة [رسالة ماجستير منشورة،
جامعة القدس، فلسطين]. https://arab-scholars.com/96a100