المكان في القانون الجزائي الفلسطيني
رنين موسى محمد عواد
Raneen Mousa Mohammed Awwad
Scholars and researchers interested in the criminal law studies may realize the fundamental importance of the “location”, and its great impact on the criminalization. The location plays a prominent and central role in the substantive rules of the penal law. The location plays a great role in procedural law. The legislature gives the location a special importance in a way that ignoring it by law enforcement agencies leads to the nullity of some or all of the procedures related to the location. Although the location has gained the attention of many criminal law scholars and researchers, there is no comprehensive studies explaining the importance and impact of the location element on both substantive and procedural rules of criminal law. To this end, this study aims to analyze the location element and its effect on the penal law. The research problem to be addressed is: to what extent do Palestinian criminal legislations accurately identify the impact of location in both substantive and procedural rules? The answer is presented into two chapters: while the first chapter focuses on the impact of the crime scene and its relation with the criminalization, the second chapter examines the criminal procedural law pertaining the issue of location and its effects on the investigative process. Based on analytical and comparative methods, governmental documents, and other reports published by civil society groups, this paper provides unique insights into the context in which the location plays a great role in criminal law. This should be of great interest to both decision makers and law scholars This study concludes that location has various roles in the criminal law. Furthermore, it suggests that penal code must be subject to many amendments in regard to the issue of location. Great efforts must also made to amend the procedural law, especially in dealing with the crime scene and location.