اختتام التحقيق والتصرف بالدعوى الجزائية في قانون الإجراءات الجزائية الفلسطيني دراسة تحليلية مقارنة
The Juveniles Guarantees in the Stage of Inference and Primary Inquiry (a comparative study)
اختتام التحقيق والتصرف بالدعوى الجزائية في قانون الإجراءات الجزائية الفلسطيني دراسة تحليلية مقارنة The Juveniles Guarantees in the Stage of Inference and Primary Inquiry (a comparative study)
فراس روحي أحمد سلامة
Feras Rohe Ahmad Salama
The study aimed at identifying the juveniles guarantees in the stage of inference and primary inquiry (a comparative study) in the Palestinian criminal procedures law no. (3), 2001. It also identified the Egyptian and the Jordanian procedural legislations and the international conventions in regard to the procedures and guarantees to be implemented on juveniles during the inference and primary inquiry procedures. The importance of the study emerged particularly from allocating procedural treatment for the juvenile category by adopting legal rules based on principles differ from those implemented on the adult. The stage of inference and primary inquiry is considered one of the prominent stages through the criminal case before being presented before the court. The reason why I chose that study was my desire to view every tiny detail relating the rights and duties of this category, in addition to recognize the procedures applied by the police and the public prosecution and its compatibility with the Arab legislations and the international conventions. Moreover the need of libraries for such a study because of the lack of the available resources in that issue that explain the deal mechanisms with the juveniles through the stage of the inference and the primary inquiry. Through the study, the research raised number of questions related with the procedures and the guarantees for the juveniles adopted by the Palestinian legislator in conformity with the Palestinian legislations rules. It also raised the availability of the mechanisms in favor of the juveniles’ interests. The research discussed the role of the judicial control bodies (the police and the public prosecution) taking into account the procedures taken against the juveniles and not to detain them unless after using up all legal steps, and to what extent the procedures and the guarantees for juveniles during the stage of inference and the primary inquiry adopted in Palestine are harmonized with the comparative international standards and legislations? The study adopted many research methods: the historical method which identified the juvenile, the descriptive method which reviewed the procedures and guarantees of juveniles in Palestine by describing the legal status and the applied rules and its adequacy by collecting data from the related books and references and finally the analytical method for the legal texts of the juveniles and the comparative legislations for the related international conventions and the juvenile’s rights and guarantees emerged from them. Moreover, it reviewed the hindrances that prevent creating a law for the juveniles. The study was divided into two chapters. The first chapter contained five subjects and many questions. It also clarified the juvenile guarantee in the inference stage and identified the juvenile in detail. It explained the inference, the inquiry procedures and the authorized body to conduct the inference. Meanwhile, it concentrated on the juveniles’ guarantees while dealing with them in the inference procedure. Finally it showed how to conduct with the juvenile file after the end of the police adopted procedures. The second chapter dealt with the juvenile guarantees through the primary inquiry; the study identified the primary inquiry, the one who has the right to make the criminal case, the procedures of summoning the juvenile to primary inquiry particularly when interrogating the witnesses and experts, and finally conducting the inquiry. To conclude, every stage in the study was discussed separately. The study made a comparison between the Palestinian criminal legislator and the other Arab legislations attitudes in regard to the inference and the primary inquiry procedures. It also identified the results and recommendations that serve those who deal with that category in the Palestinian society including the officials of the judicial control, the public prosecution and the researchers. It also recommended that the Palestinian legislator should declare a protection law for the juveniles and make the required modifications to fit the age and the circumstances of each juvenile and to cancel the previous old laws which do not meet the juveniles’ modern needs.