إشكالات تنفيذ الحكم الجنائي دراسة تحليلية مقارنة

الموضوعات

قانون

روابط وملفات

التعريف والنوع

رقم الوثيقة

0dd012d5-877d-46e1-9798-337375c4b0be

رقم العقد

0

نوع الوسائط

Crawler

نوع المحتوى

الرسائل العلمية

صيغة المصدر

رسائل ماجيستير

نوع الملف

pdf text

أسماء الملفات

1695581_1.pdf

بيانات النشر

ترجمة العنوان

Problems of implementing criminal judgement

ألقاب المؤلفين

[{"name_ar":"نبية صالح","title_ar":"اشراف","title_en":"Supervision"},{"name_ar":"نداء ابراهيم عبد الله عيسى","title_ar":"اعداد","title_en":"Preparation"}]

اللغة

Arabic

المصدر والدورية

اسم المصدر

إشكالات تنفيذ الحكم الجنائي دراسة تحليلية مقارنة

المحتوى والصفحات

عدد الصفحات

0

ترجمة الملخص

I have dealt with this subject due to its utmost gravity. Execution of a criminal judgment must be done flawlessly. That is because such an execution is deemed to be the last stage of judicial judgments. Such judgments will not function,if not properly executed. Thus,such judgments have to be executed by competent authorities justly and without abuse or aggression. If such judgments,however,are carried out against law,then a lawsuit against problematic execution have to be filed.What drove me to handle this issue,inter alia,was that the Palestinian Code of Criminal Procedure N0 3 of 2001 chapter 3 does not touch on this issue except for five articles,from article 420 to 424 thereof,which makes tackling this issue a matter of great importance and legal feasibility. In the first chapter of this study,in the light of what I have mentioned earlier,I have discussed the problems facing implementation of criminal judgments and the relating legal issues in terms of two points: first the nature,concept,types of “Problematic Execution of Judicial Judgments” and its legal definition. Secondly,I tackled the conditions,benefits,rationales and challenges of carrying out such criminal judgments.In this field,Palestinian jurisprudence and judicature set forth more than one definition for “Problematic Execution of Judicial Judgments” and do not agree on a specific one. Another thing,“Problematic Execution of Judicial Judgments” is of two parts: the first is temporal or short -term,as its name denotes,and the second is related to the subject matter of a case and is long-term. Each part has its own specifications. To set things right,the problems facing such execution have to be settled in a specific way so that such execution can be run smoothly and advantageously. Besides,“Problematic Execution of Judicial Judgments” has issues connected to the writ of execution such as in cases of execution without a writ,or loss,nonexistence,cancellation and dismissal of the writ,and some to execution itself such as untimely execution,which I discussed in detail in this study. In the second chapter of this study,I elaborated on the legal and procedural nature of “Problematic Execution of Judicial Judgments”. In the first place,I touched on the competent authorities that have jurisdiction over such execution in the comparative lawand in Palestinian legislation,I,further,treated with dispute over determining which authorities to be given such jurisdiction which is currently given to more than one authority. Additionally,I elaborated on some views of Palestinian legislators relating to determining ‌وwhich competent authorities to be given jurisdiction over such execution. In the second place,I discussed the conditions and procedures for considering “Problematic Execution of Judicial Judgments”,jurisdiction of courts over such execution and the results stemming from trying such execution whether by court or public prosecution. Rendering a judgment on “Problematic Execution of Judicial Judgments”,however,needs creating new legal bodies,or maintaining the already existing ones. In both cases,there are certain ways to challenge such pronounced judgments and the effects stemming therefrom

إشراف وإعداد

الإشراف

نبية صالح

الإعداد

نداء ابراهيم عبد الله عيسى

الاقتباسات الببليوغرافية