Title of Research Project Restitution in Palestinian Criminal Procedures Law A comparative Study

Year: 
2014
Discussion Committee: 
Dr. Fadi Shaded/supervisor
Dr.Ghasan Elayan/external examiner
Dr. Na'e l Taha/internal examinr
Supervisors: 
Dr. Fadi Shaded/supervisor
Authors: 
Saeed Jawdat Saeed khalife
Abstract: 
The attention care subsequent to the convicts is very important, all of the issued sentenced to penal needs to care during the implementation of his sentence and after implementation to return a useful member of society, to live in the community like any honest citizen has never been found guilty by virtue of a penalty, and therefore adopted legislation status of so-called the institution of rehabilitation that are trying to deal with the effects of the sanctions implemented, given the importance of rehabilitation as a cause of literacy convict for the future and the demise of the most important effects of the criminal and the denial of civil and political rights. Where This study examined the subject of rehabilitation in the Palestinian Penal Procedures Law No. 3 of 2001, a comparative study with the law،the Egyptian and Jordanian also highlighted some of the legislation of foreign, especially French on the subject of rehabilitation, particularly that may trait legal library of books of jurisprudence that Take it this important topic and to study the position of the judiciary and jurisprudence on the issue of restitution. Accordingly،the researcher tried،through the body of the letter, addressing the legal reasoning and jurisprudence and judicial all, those relating to the issue of restitution in Palestinian law on the one hand and all of the laws Egyptian, Jordanian and French on the other hand, as well as the researcher also have access to studies and explanations prior to the views of the judiciary-related the subject of the study, the researcher will depend on the provisions of the courts in this matter, in particular the Egyptian Court of Cassation and the Court of excellence in Jordan. Where the researcher in the first chapter of what rehabilitation, in three sections basic and eating in the first section the concept of rehabilitation and meta tags and importance and scope،and eating in the second section distinguishes rehabilitation concepts like the other, and touched in the third section to the types of rehabilitation،a rehabilitation legal and rehabilitation judiciary. He spoke in the second quarter for the legal system to rehabilitate three sections according to where he addressed the first topic to explain the terms of the rehabilitation of both types of judicial and legal. And in accordance with the provisions of the law of the Palestinian comparative laws in the body of this message،and to find out the similarities and differences in the legal treatment of this subject in the laws of comparison, and to find out the pros and cons of Code of Criminal Procedure in dealing with this subject, and eating in the second part, the competent authority receiving the request restitution and procedures that must be followed in submitting a request restitution and the competent court of appeal judgment reinstatement and this in the second section, and touched in the third section to the effects of rehabilitation for convicted so as not to arrange restitution any legal effect of the past but limited effects of erasing the effects of the judgment the effects rehabilitation for non-so I went most of the legislation that the comparison may not be invoked reinstatement to third parties with respect to the rights that resulted from them based on the judgment of conviction.
Full Text: 
Pages Count: 
97
Status: 
Published