Nullification In The Palestinian Act Of Procedural Penal Procedures, Compared Study

Discussion Committee: 
Dr. Nael Taha
Osama Abdullah Mohammad Zaid Kilany
This study; a comparative study with Egyptian Penal Act Procedures, is scheduled to discuss the nullification at the Palestinian Penal Act Procedures. Before starting with the nullification subject, it is preferred to discuss the procedural act, is definition, and defining its juristic nature and characteristics. Taking in consideration that the Penal Act theory is of vital significance in this study, since the penal act is the core of the nullification theory, besides to its relations with the penal antagonism, relations that cannot be separated; as it exists or relinquishes constantly with it, moreover; may get intermingled with some other juristic regulations or be similar to them, as invalidity, disagreement or complete absence, as they themselves are considered to be penal procedures. The researcher preferred to distinguished between these, and to uncover the misunderstanding between such regulations, showing their characteristics, and what distinguishes each from others, the matter that made it necessary to talk about the nullification conditions through showing the types that represent it. First, the obligatory nullification system that builds nullification upon the dissent of the forms and the terms required by the act. Second, the juristic nullification system which, in particular, avoids the nullification cases, whereas; if any of its terms was fulfilled, the judge has to sentence upon it. Third, the autonomous nullification system where the judge is entitled to widen his authority on defining the dissent of any principle article even if it were not mentioned in the law. Four, the nullification without discomfiture. Five, the Egyptian nullification system which adopted the autonomous nullification system which considered the nullification is realized through neglecting or not considering any principle procedure. Six, the view of the Palestinian jurist who adopted the autonomous nullification system and that there is no nullification without a clear text, since the Palestinian jurist states that the procedure will be nullified if it was clearly mentioned in the text, or if any fault was apparent through it in a manner that cancels its purpose. It was necessary to talk about the nullification types, the abstract nullification which comes as a result of the dissent from the particular rules of the principle procedures related to the public order, as the dissent of the eligibility or the juridical regulation, this type was addressed by the Palestinian legislator, article (475) of the penal act, and the partial nullification adopted by the Palestinian legislator, article (478), realized at the dissent of the principle rules not related to the public order aiming at defending the opponents' interests. It was necessary to explain the public order idea as a standard to distinguish between the nullification types, then to talk about the importance of distinguishing between them, as this importance is shown through the terms of committing to them, expressed by the interests terms, provided that the committed to nullification is not the cause of its realization., and where there are effects of the nullification they may be expressed through making the procedure without any effects, and has no effects upon the former procedure, while it may affect those occurring after it. The researcher had dealt with the renewal of the nullified procedure, as it is not provided that the procedure may nullified, but a suspected nullification. Renewal of the nullification is preferred at the procedure nullification, the matter that requires correcting the procedure, this correction may be completed if the purpose of the nullified procedure was fulfilled, or if the legislative order had the power of the implemented order, then it cannot be nullified even if it consisted of nullified procedures.
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