The Procedural Necessity of the Decisive Issues in the Criminal Case

Abstract

The procedural necessity is embodied in general in all stages of the criminal case, and in particular in the issues that separate the criminal case, such as amending the charge, changing the legal description, extending the jurisdiction, and transferring the case. The basis of the procedural necessity in those cases is the interest that prompted the legislator to grant the court authority to amend or change the legal description of the incident because that is closer to achieving justice, and on the other hand it wards off the danger or damage to which the other party is exposed. The extension of jurisdiction achieves an interest in the investigation procedures and even in the trial. As for transferring the case imposed by the necessity of the investigation interest through reaching the truth or what security conditions require (private or public). Therefore, the procedures imposed by the procedural requirements of the above cases under those circumstances will be decisive to put the case on the right path, which saves the effort and time of the court.