المحاكم في القوانين الجزائية الخاصة – محكمة قوى الامن الداخلي إنموذجا
DOI:
https://doi.org/10.61353/ma.0190428Keywords:
المحاكم المتخصصة, القوانين الجزائية الخاصة, محاكم قوى الامن الداخلي, محكمة أمر الضبطAbstract
This
research dealt with the study of special criminal courts, with a focus on the “Internal Security Forces Court” as a model. The research aims to shed light on the role of these courts in the judicial system, especially with regard to violations committed by members of the Internal Security Forces, using this On the procedural legislation that organized these courts in terms of formation and jurisdiction, indicating their types contained in the Code of Criminal Procedure of the Internal Security Force. No. 17 of 2008, as well as the Internal Security Forces Penal Code, where these courts were summarized into three types (arrest courts, Internal Security Forces courts, and the Internal Security Forces Court of Cassation), as these courts were distinguished by special features that set them apart from the rest of the regular courts in terms of trial procedures and jurisdiction. We also explained, through the research topics, the trial procedures in the special criminal laws, taking the Internal Security Forces Court as a practical application and model for it, by explaining the trial procedures in each type of court referred to previously, whether in the courts of the warrant officer or the trial in the Internal Security Forces courts and the rules. Which must be taken into account in that trial, such as the need for court sessions to be public, the management of trial sessions, and the obligatory resignation of the judge in the event that legal conditions are available, The necessity of appointing a lawyer for the accused during the trial up to the stage of issuing the ruling by the court, and the necessary contents of this ruling, from the preamble to the ruling and its reasons, as well as the operative word leading up to the pronouncement of the ruling. The research ends by presenting recommendations to develop the work of the special criminal courts, specifically the Internal Security Forces Court, to ensure the achievement of Justice is better and faster, while preserving the rights of individuals and ensuring the independence of the judiciary.
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