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العنوان
قضاء تحقيق الدرجة الثانية وضماناته :
المؤلف
عبدالعاطي، فتحي سمارة محمد.
هيئة الاعداد
باحث / فتحي سمارة محمد عبدالعاطي
مشرف / أكمل يوسف السعيد
مناقش / أحمد شوقي عمر أبوخطوة
مناقش / أحمد فتحي أبوالعينين
الموضوع
التحقيق الجنائي. قانون الإجراءات الجنائية.
تاريخ النشر
2021.
عدد الصفحات
مصدر الكتروني (375 صفحة).
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2021
مكان الإجازة
جامعة المنصورة - كلية الحقوق - قسم القانون الجنائي.
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 375

from 375

المستخلص

The subject of this research - which is the second degree of the investigation judiciary, and the guarantees that that degree provides at the stage of the preliminary investigation, especially in the field of felonies, and the need to allocate an independent judiciary to refer the criminal case to the judiciary - is of great importance, especially after the abolition of this system by the legislator Al-Masry, and the preliminary investigation is now being disposed of without the presence of a judicial body monitoring it, which often led to the referral of flimsy or low-importance cases to the judiciary, which caused a waste of the judiciary’s time and effort, as well as the authority of the investigation, and thus this became an obstacle to the judiciary The judgment, which led to the accumulation of lawsuits before him, as well as the existence of lawsuits without sufficient evidence, the result being damage to the proper course of justice, in addition to the absence of oversight on the referral stage that would open the door to control and the arbitrariness of the accusing authority, which leads to a threat to the rights of individuals, and therefore ; The concern of this research is to try to reach the most appropriate legal system for referring the criminal case to the judiciary, a system that does not entail problems or consequences that cannot be remedied, and were not taken into account, for example: referral of the criminal case without sufficient evidence, which caused the existence of a large number of cases. Of the cases before the court of judgment is incomplete and incomplete with sufficient evidence, which leads to results, including the acquittal of the accused, and despite the importance of the role played by the investigation judiciary of the second degree, as well as the task it undertakes, but that degree did not obtain the necessary part of the research, as The authority to achieve the first degree has received attention, both at the level of legislation, or at the level of criminal jurisprudence, so our first motive through this research is to show the importance of having a second degree to spend the investigation of the first degree, and its competencies and powers, the most important of which is: jurisdiction to refer the case The criminal case must be referred to the court, especially in the field of felonies, in order to avoid those problems and consequences arising from granting the investigation authority the right to refer the criminal case without judicial oversight at that stage, in order to reach the appropriate system for referring the criminal case to the judiciary. to rule, and to raise key questions, including: Does the current system guarantee the protection of the rights of individuals? And gives more guarantees to the accused or not? Was the Egyptian legislator wrong or right by canceling those bodies that were in force and that were carrying out the task of referring the criminal case to the judgment court? And the implications that this may have, as the investigation may be tainted by procedural defects that affect the principle of the principle of innocence and the personal freedom of individuals.