ضمانات المتهم في مرحلة التحقيق الابتدائي دراسة مقارنة Guarantees of the accused at the preliminary investigation stage A comparative study

Date
2008-02-03
Authors
حمزه محمد ذياب ابوصالح
HAMZA MOHAMMED THIYAB ABUSALIH
Journal Title
Journal ISSN
Volume Title
Publisher
AL-Quds University
جامعة القدس
Abstract
The guarantees of the accused in the elementary judicial proceeding is considered one the laws that should be available for him , which has wide relations with the freedom of the accused through is procedures which might harm or restrict the freedom of the accused person. The study of the accused guarantees the elementary judicial proceeding has many problems, because of the nature of the stage and its procedures, so after the crime took place we have new right for the state of punish and so accomplished through its safe frame without affecting (violating) the guaranties which different procedural laws have asserted, expect what is necessary to realize the objectives of these procedures as a represented by revealing the bare criminal (penal) truth. The importance of this study is that it is connected the frame of judicial proceeding which is consider one of the laws that affects the freedom of human , this is clear trough role he performs , Despite the importance of theses guarantees , yet it didn’t meet the necessary care and Study . This point is more important in Palestine because the law of penal procedure is new and for lack of specialist researchers . Therefore I felt the need for specialized legal study which deals with the guaranties of the accused during elementary investigation stage , under the Palestinian law of penal prefectures and comparing that with other legal procedures. The abstract used the investigation, analyzing and comparison method of study dependent on the organized legal laws for it, also the point views of people and investigators and the point of view of courts and their comment, using the legal ones. The bounders for this study that is dealt with the guarantees of the accused in the elementary judicial proceeding in the law of penal prefectures and comparing that with other legal procedures , that was in Palestine before the Palestinian law and especially the Egyptian's , Jordanian's law compared with others. This study concluded many of the findings and recommendations, which will be the most important stage of the preliminary investigation of the most serious stages of the criminal case must therefore be regulated accurate. This requires the introduction of the recommendations of the study, which is the most important need to amend the text of Article (8) of the Code of Criminal Procedure so that the Palestinian returned to the original text, which was in force under the Code of Criminal Procedure, which was Jordanian distinguishes between the accused and indicted suspect that the most dangerous phase of thinking , and the need for a clear standard to distinguish between two phases of the investigation and a citation, and the need to amend the text of Article (53) of the Code of Criminal Procedure to make the Palestinian investigation stage primary condition for the establishment of criminal advocacy necessary for the administration of criminal advocacy in all crimes and misdemeanors, and the need for a text that could be accused of poor case use counsel during the investigative stage exactly fully guaranteed by law during the trial stage in materials crimes and misdemeanors alike, must also add text punished penetrate any of the guarantees the accused during the investigative stage, it simply invalidating the action only, and should amend the text of Article (80) of the Code of Criminal Procedure to allow Palestinian accused and his lawyer to attend all meetings of a special investigation and the hearing of witnesses and debate, and mandatory amend article (137) of the Code of Criminal Procedure so that the presence of the accused during the mandatory evacuation requests way, because the original text when ambiguity in the interpretation and must also amend the text of Article (110) of the Code of Criminal Procedure so that the presence of the accused during the mandatory evacuation requests way, because the original text when ambiguity in interpretation, and must amend the text of Article (110) of the Code of Criminal Procedure so that the Palestinian consequences of invalidity of the omission of any data necessary in the arrest warrant, arrest, and the need to amend the text (f-4) of the Code of Criminal Procedure so that the Palestinian assignment intended not only to refer the investigation file to the Court, but the accused transmit itself to the competent court.
Description
Keywords
القانون, Law
Citation
Collections