الطعون العادية في الدعوى الجزائية دراسة مقارنة Regular appeals in criminal case A comparative study

Date
2015-07-15
Authors
اياد وائل مصطفى شرباتي
eyad wael mostafa sharabati
Journal Title
Journal ISSN
Volume Title
Publisher
AL-Quds University
جامعة القدس
Abstract
This study discussed the subject of regular appeals in the criminal case in the framework of the law of the Palestinian Criminal Procedure No. (3) for the year 2001 in force, as amended, and in particular the Decree Law No. (17) for the year 2014 which introduced a package of amendments to the provisions of Code of Criminal Procedure, which relate to the subject of the study. This study addressed the problem revolving around the main objective of the Code of Criminal Procedure which is to achieve a balance between the right of society to execute punishment on the one hand and the rights of the accused on the other. This has epitomized the problem of the study in the question which is the extent to which ensures the law of the Palestinian Criminal Procedure when organizing the ways ordinary appeals balance between the requirements of society's right to require the punishment and the rights of the accused and their freedom? To answer this question, an analytical and comparative descriptive approach was taken. Regular appeals are divided into two, the first objection, where the law of the Palestinian Criminal Procedure allows conviction in absentia by way of objection governing absentee sentence in misdemeanors and felonies, the law does not permit the convicted person of presence or judgment as an appeal by the opposition but by challenging the appeal , in contrast, the law prevented the convict law in absentia of a felony of behavior by appeal to object, but they can follow the trial of the accused fugitive, proceeding against him, which drops the verdict issued if the felony accused fugitive surrendered or is caught before the expiry of the expiration of the sentence of limitations has elapsed and where persons of authorized conduct by an objection. The law has been passed for the defendant's behavior preventing the alleged civil right conduct, and the law provides that it is permissible or not permissible behavior of each of the defendant's civil right to public prosecution by the objection. The law appointed the deadline to appeal to be ten days for notification provision, following an appeal to the objection, the court issued a default judgment looking to challenge the conditions, formalities are met and the impact of that spent in the subject, and the consequent objection range of legal implications of the impact of the position to challenge the objection with respect to the implementation of the rule of absentee, in addition to the inadmissibility of the claim during the research phase to challenge the verdict in implementation of the principle of the inadmissibility be prejudiced of his objection. The appeal is the normal way of appealing against penal provisions in the criminal justice proceedings that are decisive and ending to the subject of the dispute, in turn, may prevent the law challenged by way of appeal prior to the adjudication of the merits of the subject of the lawsuit, according to origin, the law has excluded law sentences Refund Payment for lack of jurisdiction stated case for lack of acceptance of this originally authorized appeal of these provisions by way of appeal, although it is not a conclusive stipulation in the merits of the case so as to considerations relating to the loss of the court’s authority over the case when judging lack of jurisdiction or non-acceptance, and where the right of litigants to challenge by way of appeal has law difference between adversaries in the framework of the criminal case and liabilities in the context of the right’s in a civil case, where the law permits the accused general public prosecutors the right to appeal the penalty slit of governance within the specific considerations, restrictions, and alternatively the act also allowed for the civil prosecutor’s right to appealing both the plaintiff’s civil rights and the defendant's civil right and charge money to take the path of appeal to appeal civil slit of government within certain restrictions, the difference in relation to the duration of the appeal between the public prosecutor and the defendant, where the law permits the Attorney general to appeal the appeal within thirty days of the verdict, while the date of appeal against the accused is fifteen days from the date of the judgment or the day the accused is informed of the sentence, depending on the type of sentence, and the term be renewable for a period not exceeding ten days after a written request submitted by the accused during the fifteen days following the expiration of the original term. The law falls under a broad appeal or notice of appeal that must contain a set of necessary and core data, and the appeal shall set legal implications to halt implementation of the sentence appealed throughout the period of appeal and until a decision is taken if the report is done, with account of the exceptions cited by the legislature on the basis of inadmissibility the implementation of the sentence appealed and, by contrast, the Court of Appeal at the time of the appeal is obliged to look in the appeal and the theme, and have validity of the sentence appealed it may require dropping, upholding or modifying the appeal. In the end of the study, the researcher suggested a range of practical and legal results and recommendations which stakeholders can benefit from, and mainly the national legislature.
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القانون, Law
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