اعتراف المتهم بالشرعية الإجرائية
Date
2008-07-10
Authors
رائد عبد الرحمن سعيد نعسان
Raed AbdellRahman Said Nassan
Journal Title
Journal ISSN
Volume Title
Publisher
AL-Quds University
جامعة القدس
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.
Description
Keywords
القانون , Law