The Rule Of The Public Prosecution To Make A Law Suit (Comparative Study)

Discussion Committee: 
Dr. Na'el Taha - Supervisor
Dr. Basel Mansour - Co-Supervisor
Dr. Abdullah Najajra - External Examiner
Dr. Fadi Shadid - Internal Examiner
Dr. Na'el Taha
Dr. Basel Mansour
Mahmoud Nathmi Muhammad Sa'abneh
The study addressed a major and very important subject which is The Role of General Attorney in Establishing Public Prosecutions in Palestine. Public prosecution occupies an important place among legal systems not only theoretically, but also according to its serious impacts that could place it as a priority in law. General Attorney is the specialized authority that is responsible for moving public prosecutions and it represents the state and the society. In the first chapter, the researcher addressed the establishment of general attorney through the historical development of procedural systems starting from the private charging system that is controlled by a special body concerning a certain set of crimes which used to negatively affect the King's interest or the public interest. After that came the public charging system which is carried out by the representative of the state regarding public or private crimes without waiting for individuals to interfere. Building on this, the role of the general attorney is to try to protect the society in order to protect the legal system of the state. In this study also, the researcher addressed the theoretical and practical nature of the role of the general attorney with respect to public prosecutions and its place among the state's legislative, judicial and executive authorities. However, there is a dispute about the legal status of the attorney through which the attorney integrates itself with the state's different bodies. The study also explained the function of the general attorney in the collection of indications stage and its legal status before the criminal trial takes place. The study also explains the nature of the specializations that the general attorney carries out under the Palestinian and Egyptian Criminal Procedures Laws through the role that the attorney performs in carrying out preliminary investigation and criminal charging, in addition to the role that the attorney plays during the trial which is to end the conflict or problem and issue the criminal order. The researcher also illustrated the role of the general attorney and its impact on judgments and their execution. Also, the validity of the attorney in this stage which is the one that follows the final judgment. Finally, the researcher presented a conclusion in which he summarized the role that the general attorney plays in the different stages of a criminal case. He also provided a number of recommendations that he hoped to be considered by the Palestinian legislative bodies in the near future.
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