ESTIMATING THE GUARANTEES OF PROCEDURAL LEGITIMACY IN ARTICLE 100 OF THE JORDANIAN CODE OF CRIMINAL PROCEDURE
Main Article Content
Abstract
The Code of Criminal Procedure is one of the laws that regulates rights and freedoms, and a means to achieve criminal justice based on a balance between freedom and other rights of the individual on the one hand, and the right of society on the other hand, within the framework of the principle of the rule of law. This law dealt with invalidity as one of the penalties that may result in a breach of the procedural rule, and among those rules is what was decided by Article 100 of the aforementioned law, which regulates the procedures that the judicial police officer must take in the cases in which the defendant is arrested. It explicitly stipulates that its provisions must be observed under pain of nullity.
In view of what the determination of this penalty may entail in judicial applications in terms of affecting the right or interest protected under the rules of the Penal Code, the researchers used the descriptive and analytical approach, and compared it with the corresponding in the Egyptian legislation to clarify its role in ensuring the effectiveness of the management of Criminal justice, and in ensuring the principle of penal procedural legitimacy.
The study showed how stringent the legislator is in determining the invalidity just because of violating a procedural and formal rule that is nothing more than an organizational rule, represented in not organizing the arrest report, which may lead to impunity for the accused, and as a result, the loss of an objective right related to the victim, and violating the public right of the society, and the imbalance of criminal justice. The study concluded with a number of results and recommendations.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Al-Hadithi,O.(2010). The Right of the Accused to a Fair Trial, A Comparative Study, Dar Al Thaqafa, Amman, Second edition .
Al-Husseini,M.(1993). Invalidity in Criminal Matters, University Press,
Al-Jokhadar,H.(2012). Preliminary Research Or Reasoning In The Code Of Criminal Procedure, A Comparative Study. Dar Al Thaqafa, Amman, first edition.
Al-Khatib,N.(2022). The Completion In The Constitutional System, Dar Al Thaqafa, Amman, third edition .
Al-Shawarbi,A.(1982). Criminal Invalidity, Mansha’at Al-Maarif, Alexandria.
Haddadin,L.(2000). Theory of Invalidity in the Code of Criminal Procedure, a Comparative Study , Department of the National Library, Amman, first edition .
Hosni,M. (2011). Explanation of the Code of Criminal Procedure, revised by Fawziah Abd Al-Sattar, Dar Al-Nahda Al-Arabiya, fourth edition, 2011.
Ibrahim, M.(1989).The General Theory of Invalidity, Dar Al-Nahda Al-Arabiya, Cairo.
Khowain,H.(2010). Guarantees of the Accused in the Criminal Case, A Comparative Study, Dar Al Thaqafa, Amman, second edition 2010.
Mahdi,A.(2011). Explanation of the General Rules of Criminal Procedure, Dar Al-Nahda Al-Arabiya, Cairo.
Mamoun Salamah,M.(1986). Criminal Procedures in Source Legislation, Dar Al-Fikr Al-Arabi, Cairo.
Sorour,A.(2012). Mediator in the Criminal Procedure Code, Dar Al- Nahda Al-Arabia,Cairo, 8th edition.
Alexandria.
Tharwat,J.(1987). Principles of Criminal Trials, Mansha’at al-Ma'arif, Alexandria.