Problems Related to the Changes in the Palestinian Criminal Procedures Law

This study aimed to address the issue of the problems in the execution of the Palestinian Penal Procedures Law in light of the absence of books of fiqh in the legal library which address this issue. The study also discussed the legal nature of the problems of the execution of penal provisions in general in the first chapter. It addressed those problems in three sections terms of their definition, types and the way they are different from other concepts in addition to discussing the reasons behind those problems. After that, the study began to explain the idea of the problematic execution and the legal system that governs those problems as well as the type of court that specializes in such issues. The study further discussed the dispute over what type of courts that should address and deal with this matter. Fiqh has been divided into four trends with respect to the determination of the type of court that would be responsible for settling the case of problematic execution of penal procedures. Some argued that the Attorney General is the responsible body for the execution of penal provisions, thus, it is the one responsible for the resolution of conflicts that emerge during the execution of a penal provision. Others argued that the civil court in which execution occurs is the responsible court which takes decisions regarding problematic execution. Another party said that the court of misdemeanors is the one responsible for cases related to problems in the execution of penal provisions. The fourth and final group argued that the court which issued the judgment in the first place is the one that must be responsible for dealing with the case of problematic execution of penal provisions since it is the only one which have a full knowledge about the case and has a complete understanding of the different aspects of the problematic execution of penal provisions. The Palestinian Penal Legislature has authorized the court which issued the order to follow up with the case of the problematic execution of penal provisions. The case is forwarded to the court that issued the ordered according to article 420 of the Palestinian Penal Procedures Law No. (3) 2001. After that, the researcher examined the legal system of the problematic execution case in the second chapter. He addressed the specialty in considering the problematic execution, the conditions that are required to accept the case, its procedures and finally the adjudication of the case.