Criminal Appeal Verdicts

Discussion Committee: 
Dr. Nail Taha/supervisor
Dr. Jehad Keswani/external examiner
Dr. Mohamad Sharaqah/internal examiner
Dr. Nail Taha/supervisor
Yousef Nassri Ahmad Zraqi
The Palestinian legislator, in the Code of Penal Procedures, had rounded the parties of the penal case, especially the accused, with much of the fundamental guarantees at all stages of the case so as not to condemn an innocent or release a guilty of punishment. Despite that, the penal judgment may be issued coupled with injustice or fraught with a mistake, human justice is not absolute as long as the penal judge who rules between people is a human being just like them, in this description he is not infallible for slippage or falling into the error, and the parties of the case may not be comfortable with his decision. Therefore, the law created ways to reconsider the rules by certain dates and procedures, which are ways to challenge the penal provisions. The reason in all appeal hypotheses of provisions is one, namely, the possibility of a judge being in the wrong as a human, and not being infallible in his wrong or defective application of the law provisions . This study has addressed the issue of ways to appeal penal provisions and the legal framework governing the process of appeal of penal provisions in Palestine through extrapolation of the legal texts relating to this matter, given in the law of the Palestinian Penal Procedures No. (3) for 2001 and the comparison in some cases with other legal systems. The researcher also reviewed the previous studies and explanations of the views of the judiciary on the subject of the study, and the researcher will depend on the provisions of the courts in this matter, particularly the Palestinian and Egyptian Cassation Court and the Jordan Cassation Court, where the researcher devoted an introductory chapter to talk about penal provisions, in three basic sections, in the first section, the researcher dealt with the types of penal provisions, in the second section he dealt with the correctness of the penal provisions and the conditions necessary for that, and in the third section he discussed the evidence contained in the penal judgment. In the first chapter of this thesis the researcher dealt with the ordinary ways to appeal in the penal provisions in two sections where he addressed in the first part, the appeal in provisions by objection, in accordance with the provisions of the law of the Palestinian Penal procedures and compared laws and he clarified the provisions applicable to objection , its procedures and the effects resulting from it in terms of the fall of the default judgment, re separation in the case and not to cause damage to the demurrer as a result of his objection. In the second section, the researcher dealt with challenging the appeal and research in its scope and its procedures and its implications, the most important of which is stopping the implementation of the judgment of the Court of First Instance.
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