الفهرس 
الفصل الاوليوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
I saw that one of the most important aims of the code of criminal procedure is the effective application of penal codes either to convict or acquit the accused in a way that strikes balance between two interests the public interest which aims at the effectiveness of criminal justice and the private interest that aims at protecting the personal freedom and guaranteeing human rights. All this is within the framework of constitutional legality in accordance with the provisions of Articles 95 and 96 of Egypt’s current constitution of 2014 where Article 95 provided that” A penalty shall not be imposed without a judicial decision” and Article 96 provided that ; ”The accused is innocent until proved guilty in a fair lawful trial in which defending himself is guaranteed”. Therefore, the punishment can’t be determined or the extent of this punishment as well as the acquittal except through an independent partial body that is judiciary and with a judicial decision. But as a result of the emergence of the phenomenon of penal enlargement for confronting the ramifications of the criminal conduct, this led to the increase in criminal cases and the emergence of the crisis of criminal justice. Some legal systems have perceived a solution for the problem of crisis of criminal justice to ignore the determination by the judicial decision of the punishment and without a criminal dispute in which there is an oral pleading and they entitled to determine the punishment by way of a new system called ”criminal order”. Nevertheless, the system of criminal orders has ignored many of guarantees of criminal prosecutions that respect the principle of accused’s presumption of innocence and the requirements of judicial guarantee such as judicial impartiality and independence as well as colliding with the principle of imposing by judiciary of criminal sanction. Thus, the system of criminal orders as one alternative of criminal action collides with the constitutional legality. We saw as a precaution the necessity of finding ”transitional period” as an attempt to harmonize between the justifications that called for following this system through making available some constitutional guarantees.