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العنوان
حجية الامر بالاوجة لاقامة الدعوى الجنائية /
المؤلف
مطر, محمد حسن أحمد.
هيئة الاعداد
باحث / محـمد حـسـن أحمد مطــر
مشرف / عـبدالــرءوف مهدي
مشرف / عـبدالــرءوف مهدي
باحث / محـمد حـسـن أحمد مطــر
الموضوع
القانون الجنائى. التحقيق الابتدائى.
تاريخ النشر
2012.
عدد الصفحات
245 ص. ؛
اللغة
العربية
الدرجة
ماجستير
التخصص
قانون
تاريخ الإجازة
1/1/2012
مكان الإجازة
جامعة المنصورة - كلية الحقوق - قسم القانون الجنائى.
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

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from 257

المستخلص

It is important refer to the seriousness of the functions vested in public prosecution as for the disposal of the complaints and reports coming to it as well as the investigation resulting there form – in which we are interested in the first place – then it is followed by the disposal that is either to determine that there is no cause of criminal action or to issue the committal order of the accused to the competent court.
The order that there is no cause of criminal action is one of the most serious order s issued during the stage of preliminary investigation. It is issued by the investigation authority after examining the charge and investigating its subject matter in a way that allows it to evaluate the information and evidence that could be obtained during the conducting of this investigation whether in favour of the accusation or the accused prevailing that the case in its current state isn’t fit to result in a criminal action before judiciary. This leads to the termination of the action concisely and rapidly as well as abridging the formal procedures that aren’t effective as for these crimes. In addition, one of the effects resulting from the order that there is no cause of criminal action which is deemed to be the last proceeding of the preliminary investigation is to prevent taking any subsequent proceeding of the investigation proceedings and each proceeding subsequent to its issuance is null. More over, the investigation authority that issued it may not reverse it unless there is a reason for cancelling it. Consequently, this results in stopping the flow of action filed before courts and public prosecution in great numbers everyday- as well as saving the time and effort of judges to hear the important actions. It’s necessary to give the argumentativeness of this order the guarantees that can protect the rights of litigants in criminal actions. The criminal procedures are characterized by the judicial character that they are conducted by judiciary itself or supervised by judiciary. Furthermore, the criminal procedures as a tool of applying the penal code work within the scope of the principle of legality of crimes and punishments. This principle requires that the accused is punished for a crime provided for in low before its commission and according to a punishment mentioned in this law and it presumes the non responsibility of the accused for the crime and his punishment except once. In other words it presumes that it’s a must not to try the accused for one act twice. The stage of preliminary investigation aiming at uncovering truth whether.