اعتراف المتهم بالشرعية الإجرائية The accused's recognition of procedural legality

Date
2008-07-10
Authors
رائد عبد الرحمن سعيد نعسان
Raed AbdellRahman Said Nassan
Journal Title
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Publisher
AL-Quds University
جامعة القدس
Abstract
Criminal justice is based on the idea of balance between the private special concern , it forms the procedural legality an important guarantee as a means to achieve this justice through not breaching innocence evidence which forms an important base in criminal procedures and measures as means to guarantee human dignity and not to breach his right as a human being. So, the origin is innocence till proving the contrary. Confession is regarded in criminal law one of the means of proof which bears a danger , aggression and a breach for evidence of innocence if it is misused by justice staff and its cooperatives ,as error from its side either deliberate or ignorance in applying the measures. So, admittance that matches for procedural legal basis is a sort of a admittance that matches the conditions of correctness required by the law. Accordingly, admittance is considered correct and its effect on land and is considered correct against the suspect who admitted that he committed the crime. According to the confession that violates the legal procedure is the confession which has one of the shortcomings which has made such a confession loses its legality and violates the bases of law which leads to nullity of this confession and the procedures accompanied with it. This is in addition to some effects that leads to penalties or punishments against the person who has exceeded such procedures as well as compensating the harmed side. Confession that matches with procedural legality might be a jurisdictional judicial confession and is regarded correct and it might be outside the hall of the court as it is considered a confession which is not judicial and considered correct if it is proved that it is correct. As this confession might occur before the public or a member of judicial staff. The role of a judge is considered important in specifying confession and whether it matches the legal procedures or whether it violates it. Accordingly, the judge has a determination authority based on his opinion although this judge does not issue sentences based on his personal knowledge. According to the study , confession is regarded one of the most means of criminal proof and the most influential for a judge and common sense , human rights institutions, particularly as it is based on correct safe procedures that matches law. The most important aspect to prove that confession has been taken through correct measures and difficult to prove. So, we find many cases that can be proved in an illegal way. Through the previous studies, it has been shown that that the texts of judicial punishments are good and practical if they are applied in addition what has been written by lawyers and recommendations of international conferences that calls for human rights. However, the practical reality, has proved that many confessions are gotten from justice corpses that bears exceeding as well as measures that violates bases stated in the law particularly in Arab countries and third world countries. Finally, confession can be said as one of the most important and strong evidences regarding proof as it is difficult for man to condemn himself and certify that he did something he did not do.
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Keywords
القانون, Law
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