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العنوان
المظاهر الخارجية فى الإجراءات الجنائية :
المؤلف
الظنحاني، سعيد محمد سعيد عبيد.
هيئة الاعداد
باحث / سعيد محمد سعيد عبيد الظنحاني
مشرف / اكمل يوسف السعيد يوسف
مشرف / تامر محمد محمد صالح
مشرف / هشام مصطفي ابوسالم
الموضوع
القانون الجنائي.
تاريخ النشر
2023.
عدد الصفحات
231 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2023
مكان الإجازة
جامعة المنصورة - كلية الحقوق - قسم القانون العام
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 231

from 231

المستخلص

The external appearances that surround an event or a person are considered; The main motive behind the movement of judicial police officers to clarify the state of ambiguity and suspicion, with the procedures that this movement entails, usually starting with stopping the person who put himself in a position of suspicion and doubt to clarify his matter. If he is found in case of Flagrante delicto; At that point, the circle of permitted procedures expands exceptionally for judicial police officers, so they are allowed to arrest and search without the permission of the Public Prosecution. These procedures severely affect the freedom of the person and the sanctity of his residence. Therefore, these procedures must be surrounded by guarantees that preserve the right of the person to guarantee his freedom that was approved by the constitution, especially since external appearances may sometimes be deceptive and do not reveal the truth of the matter. The external appearances have great importance in The Code of Criminal Procedures, because of its important role in providing the legal framework for these procedures affecting the freedom of individuals, which were approved by the legislator to reconcile the requirements of preserving individual freedom on the one hand, and the necessities of revealing the truth on the other hand.
To show the impact of external appearances on criminal procedures; The subject was examined from two main aspects based on the stages of criminal investigation in which the external appearances of the incident play a tangible role, namely the stages of inference and investigation, where the light was highlighted on the procedures affecting the freedom of individuals and the sanctity of their homes. And because of the multiplicity of these procedures; Two procedures were chosen at each stage. The first chapter dealt with the effect of external appearances in the inference stage through the case of flagrante delicto and the arrest procedure, while the second chapter dealt with two investigation procedures, namely the search and precautionary detention.The researcher concluded that the UAE legislator should strengthen guarantees to protect the right of individuals to freedom, especially in the stages of inference and investigation, which may often result in the lack of grounds for filing a lawsuit.