بطلان اجراءات المحاكمة في الدعوى العسكرية: دراسة تحليلية في القانون الفلسطيني المقارن

الموضوعات

قانون

روابط وملفات

التعريف والنوع

رقم الوثيقة

eccc6fa6-4114-4893-82fd-345ff72e2072

رقم العقد

0

نوع الوسائط

Crawler

نوع المحتوى

الرسائل العلمية

صيغة المصدر

رسائل ماجيستير

نوع الملف

pdf text

أسماء الملفات

2148263_1.pdf

بيانات النشر

ترجمة العنوان

Nyllification of Court Proceedings in a Military Lawwsyit: An Analytical Study in Palestinian Comparative Law

ألقاب المؤلفين

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اللغة

Arabic

المصدر والدورية

اسم المصدر

بطلان اجراءات المحاكمة في الدعوى العسكرية: دراسة تحليلية في القانون الفلسطيني المقارن

المحتوى والصفحات

عدد الصفحات

0

ترجمة الملخص

The rules of criminal procedure in general are legal rules, and the legal rule is distinguished from other rules that govern the activity of individuals by the element of penalty. The penalty that protects the criminal procedural rules aims at the administrationaliser of justice and achieving the purpose of the litigation, which is the imposition of punishment on the offender, a general theory in procedural law is the theory of penalty, and the penalty is mainly represented in nullity, fall and inadmissibility. The procedural penalty is characterized as having an objective effect, that is, it does not affect the person who has undertaken the procedural action, but rather responds to the action itself. In fact, it leads to the defective procedural action taking its effects. In this context, our study, which came under the title "The invalidity of trial procedures in the military case, an analytical study in comparative Palestinian legislation", which is a comparative study with the Egyptian Code of Criminal Procedure. In my study, I used the descriptive analytical method, and the comparative method with the military laws applied in some Arab countries, in particular with the laws of the Arab Republic of Egypt. The study was divided into three chapters: First: The introductory chapter came under the title: “The Military Trial Specialized in the Final Investigation of the Military Case.” The chapter was divided into two sections. In the first section, we dealt with the trial in the military judiciary. As for the second topic, we dealt with the issue of the nature of the criminal case, we defined the criminal case and we talked about the case and the penal litigation, and the triggering of the criminal case.Second: The first chapter came under the title “Procedural Provisions for the Invalidity of Trial Procedures in the Military Judiciary.” This chapter was divided into two sections. In the first section, we discussed the nature and types of invalidity. As for the second topic, we dealt with the effects of invalidity on the procedure it self and the effect of invalidity on the previous procedures, and the effect of invalidation the subsequent procedures on it, then the effects of invalidity on the invalid procedure. Third: Chapter Two came under the title “Military Court Procedures and Its Effects.” We talked about the invalidity of the initial military court procedures and their effects in the first section we discussed the central military court procedures, and the procedures prior to the lawsuit procedures, and we talked about the permanent military court, and we defined the appeal, and we dealt with applicable judgments Appeals, judgments that are not subject to appeal, parties entitled to appeal, and appeal procedures. As for the second section, we talked about the procedures of the Court of Cassation and its effects, as well as the appeal in cassation, the scope of the appeal in cassation, and the provisions in which it is permissible to appeal in cassation. In this regard, I would like to mention that the researcher, at the end of his research, reached the following conclusion: The Palestinian legislator was successful in creating the Military Court of Appeal under the new law because of its role in strengthening judicial oversight over military court rulings, especially in felony cases, most of which involve death sentences, especially since the formation of this court plays a role in enhancing confidence in military court rulings.

إشراف وإعداد

الإشراف

تامر حامد القاضي, عبدالقادر صابر جرادة

الإعداد

محمود شحدة ابو زريق

الاقتباسات الببليوغرافية