الفهرس 
ماهية الحبس الاحتياطي وبدائلهيوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
Summary
In this study we dealt with alternatives to pretrial detention, where we began by stating what are the alternatives to pretrial detention, if it is necessary to clarify its definition and that is to the extent necessary to determine its various aspects and conditions.
And it became clear to us through a study that the system of preventive detention is a dangerous procedure, as it involves depriving the accused’s freedom, which is equivalent to the punishment of deprivation of liberty, despite the absence of a guilty verdict, and it involves a waste of the presumption of origin in the person of innocence. At the same time, pretrial detention is a necessary measure for a specific group of criminals with criminal danger, despite their suspicion of committing the crime, which leaves them in harm’s way with the interest of the investigation, a threat to security and public order, and risking their lives. They may take revenge on the victims and their families for crimes.
Accordingly, pretrial detention should be viewed as an unavoidable harm and in light of this the philosophy of alternatives to pretrial detention is determined. Alternatives may be viewed as an exception that may only be resorted to in rare or narrow cases, and this philosophy is the one that governs Egyptian and Jordanian legislation. Within certain limits; As the original is pretrial detention, and the exception is the alternatives. In contrast to the French legislation in which alternatives are considered the original, whereby it is not permissible to resort to pretrial detention except as a last resort when resorting to it becomes an urgent necessity. Public order and security, or the preservation of the accused himself.
The Egyptian legislature began to take these steps, especially after the issuance of Law 145 of 2006 and the Jordanian legislator to issue the Jordanian Code of Criminal Procedure and its amendments for the year 2017, in Article 114 of the same law.
The basic traditional alternative to pretrial detention is bail, that is, to pay an amount of money to the state treasury, as a guarantee that is directed mainly to respecting the obligations imposed on the accused, the most important of which is to attend investigation procedures when asked to do so, and to support escaping from the execution of the judgment, and it is returned to the accused in The state of innocence, or with the issuance of an order not to initiate the lawsuit, or after the issuance of the conviction judgment, if he does not escape the implementation of the obligations imposed on him.
This alternative exists in Egypt and France, but in France it is distinguished by a special provision that allocates a part of the bail and a directive to ensure that compensation for the victims is met. In Jordan, there are alternatives that we have previously shown, not including the bail.
Among the alternatives included is the judicial monitoring system, which is a system stipulated by the French legislator, as it stipulates a set of procedures and measures that are imposed on the accused and entail restriction and the investigative authority can amend the judicial monitoring system, by adding new measures, decreasing them or changing these measures with others. Or, completely ending the supervision by leaving the accused free, or his preventive detention, when he violates the obligations imposed on him, according to the opinion of the investigating judge or the judge of freedoms and imprisonment.
The new alternative is electronic surveillance, and it was stipulated by the French and Jordanian legislators, and the truth is that it is not an alternative in terms of verbalization, but rather a method for implementing preventive detention, so that the accused is in his home instead of being in prison, under the supervision of an electronic device, so that the house turns into A prison for the accused, while allowing him to practice his studies, train or teach him, as it is a method of implementation, outside the prison. With some excess, given that it is not carried out in prison and as an alternative to pretrial detention.