Procedures of The Trial of the Accused Fugitive

Year: 
2013
Discussion Committee: 
Dr. Nael Taha /supervisor
Dr. Basel Mansour/co-supervisor
Dr. Abdallah-Najajreh/external examiner
Dr. Mohammad Sharaqah/internal examiner
Supervisors: 
Dr. Nael Taha /supervisor
Dr. Basel Mansour/ co-supervisor
Authors: 
Baha' Farouq Zaki Al-Ahmed
Abstract: 
Many problems raised about the subject of the trial of the escapee defendant based on the basic rules and principles of the penal trials . Despite the importance of this subject , adequate attention hasn't paid to it in Palestine .So, this research will fulfill the shortage in this aspect. The attendance of the defendant in the trial is the demand for the fair verdict , Although the trial board can't be held without the attendance of the defendant for any reason , there are several particular rules govern his absence vary from the ordinary procedures of the courts which give the authority for the attorney general to establish a memo for arresting the defendant and transform the case to the court which in turn allows the defendant time of ten days to attend in front of the lawful authority, otherwise, he will be arrested and the person who knows something about him must cooperate with the authorities by giving information . The verdict will be announced in the formal or local newspaper and at the front door of the defendant's house. After these procedures and if the defendant will not submitted to the law without any legal excuse, he will be considered escapee Consequently, his property will be put under custody. The procedures of the escapee defendant are fast and include a resolution and an accusation memoir , then the court will check the attorney general accusation in order to produce a verdict announced in cooperating with the attorney general office in duration of ten days . The verdict will be valid in the next day of the its announcing in the newspaper. On the other hand, the law guarantees the a fair trial in case of the absent defendant . On the other hand, the verdict which will be announced for the escapee has distinctive feature which is in the case of arresting the escapee, this verdict will be cancelled . The study consists of three chapters, The first one is about transforming the case to the trial . The second about the escape of the defendant from justice and finally the trial procedures against the escapee defendant. The procedures of the Palestinian penalty law items along with the similar procedures in the other Arabic country dealing with subject have been discussed based on large numbers of references and researches Finally ,several recommendations have been suggested in the conclusion
Pages Count: 
132
Status: 
Published