Guarantees and Rights of The Accused in The Interrogation and Detention "Preventive Detention" in The Palestinian Code of Criminal Procedures A comparative study

This thesis discussed the subject of guarantees and rights of the accused in the interrogation and detention preventive detention in accordance with the Palestinian Code of Criminal Procedures No. (3) For the year 2001, compared to other penal legislations such as the Egyptian, and the Jordanian. The Code of Criminal Procedures is considered one of the most important laws enacted by the state, it sometimes affects personal freedom And sometimes locks it, and it is enough to give our imagination of a position of accusing an individual of a crime from which he is innocent, and the procedures taken before that might plunge him in prison until right breaks, to imagine the pain and a curse for society fill himself , From this example came the importance of this study, which highlighted that these guarantees surrounding these procedures is the living expression of the force of law to resist deviation of judicial organs, and ensures the commitment of these devices to its mission to protect personal freedoms and to maintain human rights, this necessarily requires a balance between individual freedom and public interest. Added to the above, the research in this subject aware us of the range of contribution of those guarantees in providing the suitable climate for the accused to state his situation about the accuse , in addition to the role of those guarantees in facilitating the task of exposing the truth while respecting and safeguarding human freedom and dignity. For the importance of that, the researcher dealt with these guarantees related to interrogation and detention preventive detention and began his research by a preface through which he presented the historical development of the accused guarantees at the stage of preliminary investigation and focused on interrogation and detention custody as the most serious and important actions at this stage, and since the past is the Gate to the present, to determine the extent to which previous generations and civilizations contributed to the present , and because the present is the fruit of civilizations and generations ago, the researcher dealt with these guarantees in the legislation and the old community of the Nile Valley and Al-Radidain Valley, and in the Roman and the Islamic Sharea through a preface, considering that these stages have an important role in any historical study of the guarantees and rights enjoyed by the individual, and because they contain Many of the guarantees that we see today. The researcher has allocated the first chapter to talk about guarantees and rights of the accused in various procedural systems, through two parts; the first touched upon the linguistic and the terminological definitions of the accused in the first and the second sections, and the distinction between the term accused and the similar terminology in Section three , the researcher concludes the first demand by a fourth section dealt with the conditions to be met by the accused the legality of the indictment the researcher devoted the first demand to talk about the accused being the axis of the study on one hand, and because the definition of him and the determination of his conditions represents the first guarantee to know who is the accused on the other hand. And the researcher devoted the second demand to talk about guarantees and rights of the accused in light of international principles and modern constitutions , finishing the chapter with a second addressing the guarantees of the accused related to the procedures of investigation in the first demand, touching the guarantees related to the investigation itself in the first section , and the characteristics of the investigator as a guarantee to the accused in the second section, Then talking about the principle of combining and separation between the powers of prosecution and investigation in the second demand, to terminate this demand by talking about the competent authority of criminal investigation in the third demand. The second and final chapter of this thesis was devoted to talking about the accused guarantees and rights in the face of interrogation procedures in the first part, clarifying the meaning of interrogators by defining it in the first section, and talking its nature and content in the second section, and its importance and distinction of similar terms In the third section, to go after that to the second demand , speaking about the accused guarantees and rights during interrogation through nine sections within this demand, then the researcher showed the invalidity of the interrogation in the third demand in terms of what is it and its types in the first section and its effects in the second section. Then the researcher concluded with a second part allocated to talk about guarantees and rights of the accused in the face of arrest procedures preventive detention through three demands; the first discussed what the preventive detention means, and its legal nature and justifications divided into three sections ,the second discussed the accused guarantees and rights during arrest preventive detention through nine sections ,the third talked about the expiration of arrest preventive detention in the first section the researcher talked about the release of the accused , and in the second section he talked about the legality of the arrest through the judicial control , and in the third section he dealt with deducting sentence duration from the punishment, and in section four he talked about the arrest nullity. The researcher concluded his thesis by a conclusion included the most important conclusions and recommendations. In order to achieve better results and more precise recommendations and to make a thorough study with objective and comprehensive details, the researcher followed a scientific accurate approach, through using the analytical approach of the legal texts relevant to the subject of the thesis deliberating on the texts of the Code of the Palestinian Criminal Procedure No. (3) for the year (2001) and the procedural penal laws In other criminal legislation, striving to be interpreted carefully, he analyzed them to devise what is inherent in, and then he followed the comparative approach by comparing the legal texts to each other to know which was more precise in formulation and in meaning, and which was more in tune with himself, and then he used the critical approach, to demonstrate the advantages and the disadvantages of the texts to learn the best.