دور النيابة العامة في الدعوى العمومية دراسة تطبيقية The Role Of The Public Prosecution In The Public Lawsuit

Date
2014-11-16
Authors
باسمة محمود حسين جبارين
Basema Mahmoud Husien Jabareen
Journal Title
Journal ISSN
Volume Title
Publisher
AL-Quds University
جامعة القدس
Abstract
This study addressed a topic of great importance which is "The role of the Public Prosecutor in Public Lawsuit" through searching the domination of the public prosecutor on the public lawsuit in the preliminary investigation stage, which includes two types of actions: the first type is called disclosure procedures and the second type fitted with the socalled securing evidence, also the domination of the public prosecution through holding the two authorities of accusation and investigation, and addressing the guarantees of the preliminary investigation, and cited evidence of the domination of the public prosecutor on public proceedings in the preliminary investigation stage, through discussing the function of public prosecutor in the conduct preliminary investigation. After that the study showed the reduction of the domination of the general prosecution on public proceedings in the trial stage, where the public lawsuit comes out of the cloak and the influence of the public prosecution (standing judiciary) to space (sitting judiciary) judiciary of rules, by showcasing the role of the public prosecutor at the trial stage, its representation in the criminal court and its role in the appeal provisions, and then discussed the reality of the actual performance of the prosecutors in the public case from their point of view and from the view of lawyers through the analysis of the study subject of the practical side of the scale of the study. This study aimed to develop clear perception of the role of the public prosecutor in public Lawsuit focus on studying the role of the public prosecutor in all phases of llawsuit in the Palestinian Criminal Procedures Law and comparing its provisions with what was taken by each of the Code of Jordan's Criminal Procedure on the one hand, and the Egyptian Law of Criminal Procedure on the other hand. The study adopted a descriptive analytical methodology, and integrated theoretical and practical application, while showing the reality actual performance of public prosecutors from their point of view and the view of lawyers. The study concluded with a set of results the most important of which are that the public prosecutor controls on public proceedings in the preliminary investigation stage in Palestine, and showed its evident control by linking between the two authorities of accusation and investigation. The study also noted that the members of the public prosecutor does not apply the provisions of the law fully, and this demonstrates the lack of the understanding and the application of the Palestinian Basic Law and the acting relevant laws at the Palestinian State by some of the public prosecutor members. Finally, the study recommended the separation of authorities of accusation and investigation, to avoid the disadvantages of this justice system in Palestine, in accordance with international standards of respect the human rights .and investigating the ability of issuing codes and regulations governing the work of public prosecutors and its members in order to do their role and serve the optimal applying of the criminal justice system in Palestine.
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Keywords
القانون, Law
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