The Organization of Criminal Procedures in the Arab Legislations (Part 2 and Part 3)

Abstract

The positive laws are affected by the dispute between scholars of private law on the legal proceeding and its legal nature, the man-made laws has stressed that there’s still dispute on certain theories which remains un-settled, some consider the legal proceeding as the right to recourse to the judiciary, or the right to substantive sentence, or the right to protection. This book highlights the organization of Penal Procedures in Arab legislation (criminal proceedings). It discusses in its third part the quality of trials in the penal systems, criminal proceedings guarantees, proof and evidence in the trial stage, procedures before the criminal courts, and the pronouncement of the penal sentence. The book then moves to talk about ways to appeal the sentences, where it illustrates the general theory of judicial appeal through the discussion of the appeal limits, the legal nature of the right to judicial appeal, parties of the proceedings and the right to appeal, the effects of judicial appeal. The book then deals with the subject of appellate court and court of cassation, where the book defines them, and shows insights, actions, causes, effects and time of each. In conclusion, the book discusses the topic of re-trial, referring to the texts in comparative law, the conditions of appeal, who may appeal, the appeal procedures in the re-trial, and the effects of appeal in the re-trial.