إجراءات التوقيف والإفراج بالكفالة دراسة مقارنة

الموضوعات

قانون

روابط وملفات

التعريف والنوع

رقم الوثيقة

f1cd2263-c71b-4908-8793-ea00689bf98d

رقم العقد

0

نوع الوسائط

Crawler

نوع المحتوى

الرسائل العلمية

صيغة المصدر

رسائل ماجيستير

نوع الملف

pdf text

أسماء الملفات

1695461_1.pdf

بيانات النشر

ألقاب المؤلفين

[{"name_ar":"غالب عبد الله محمود ياسين","title_ar":"اعداد","title_en":"Preparation"},{"name_ar":"غسان عليان","title_ar":"اشراف","title_en":"Supervision"}]

اللغة

Arabic

المصدر والدورية

اسم المصدر

إجراءات التوقيف والإفراج بالكفالة دراسة مقارنة

المحتوى والصفحات

عدد الصفحات

0

ترجمة الملخص

Detention is one of the most important subjects that set in the laws of criminal proceduressince it affect individuals liberties who are subject to such laws. It is hard to stripindividuals their freedom of movement for along time which is considered to be a violationof the rules of human rights.This study of detention procedures raises numerous problems because of ambiguity informal and practical rules that should be operative. Further, criminal laws, which wereexamined, are insufficient in arranging and identifying such rules and conditions. Inaddition, solutions set forth in the legislations are often ambiguous and insufficient andlimit disadvantages of detention. The importance of this study arises from the fact thatdetention is the most dangerous procedure of primary investigation that may encounter asuspect. Accordingly, studying the guarantees that shall be available for individuals is keysince there are too many complications that face lawyers and judges.The study followed the analytical research methodology which depends on exploring legaltexts that regulate this subject and then analyze them with focus on precedents an juristsopinions. Basically, the scope of the study is restricted to three legislations which are thePalestinian Criminal Procedures Law No. 3 of 2001, Jordanian Criminal Procedures LawNo.9 of 1961 and the Egyptian Criminal Procedures Law No. 50 of 1950 and itamendments with an eye on foreign laws mainly the French Law and its amendments for afew cases that does not exist in the compared laws. The reason why this study is restrictedto these laws is because these laws form the historical reference for Palestinian laws. Inaddition, these laws were applicable in Palestine before the Palestinian Authority take overPalestine.This study concluded several results such as that the Palestinian Legislature was notfortunate to arrange the provisions of detention. The provisions of detention are spreadover more than one chapter which made it difficult to research such provisions. Further,these provisions related to detention epically those linked to extension of detention areinsufficient and contradicted. The study also concluded that the Palestinian Legislatureconsolidated the authorities of prosecution and investigation in contrast of other comparedlaws. This study will indicate to the disadvantages of such consolidation.In addition, there are numerous deficiencies concerning bail release of suspects inidentifying the agency that should receive the bail amount after breach of bail terms.Furthermore, the Palestinian Legislature set forth extraordinary procedure to appeal releaseorders which is the reconsidering procedure which is considered to be unusual appealprocedure.In light of this study results, there are several recommendations presented to the PalestinianLegislature that provide reasonable solutions for deficiencies in the Palestinian Law. Themost important recommendation was the necessity to rearrange and organize provisionsrelated to detention and bail release and to clear ambiguity in these provisions. In addition,this study recommended the separation between prosecution and investigation authoritiessince it gives guarantees for suspect and strengthening control over investigation. Also,this study recommended that several provisions shall be reconsidered epically those relatedto extension of detention because of contradiction among these provisions. Finally, thestudy recommended that the reconsideration procedure in release orders shall be revocatedsince it is too complicated which make appeal process slow and harmful for individuals.

إشراف وإعداد

الإشراف

غسان عليان

الإعداد

غالب عبد الله محمود ياسين

الاقتباسات الببليوغرافية