Public Law

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Browsing Public Law by Author "Anwar Zaher Abu Al Hasan"

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    Release on bail in the Palestinian Penal Procedure Law A Comparative Study
    (20106) Anwar Zaher Abu Al Hasan; Dr. Fadi Shaded
    The legal procedures which protect the personal liberty is argumentative subject between the state which has the right to punish and the procedures for an effective trail in one hand, and the individuals' freedom in the society on the other one. The freedom is protected by a legal texts guided all the legal procedures aiming at arresting the defendant and releasing him with or without guarantee. The study consists of two main chapters and several sections and sub-sections , the first one ,with good structure ,defines release on bail in order to remove ambiguity about the concept through the definition, distinguishing the between release on bail and the similar terms. The first section also includes the disconnection between release on bail, conditional release ,and reserve bail in addition to its independency from Barol System The second section includes the kinds of release in bail such as determinism in the release , annihilation release and other kinds .Moreover , the legal guarantees for release in bail , personal and financial and commercial types , procedures for limiting rights, banning travelling , money impoundment, closing the store, the authority for publishing the release order in addition to the military legal authority are discussed . Chapter two clarifies the procedures system for release in bail which includes the application , time controllers , acceptance and declining assumptions, revoking the release, rearresting the defendant when new evidences are found , defeasance the bail conditions, reasons for arresting the defendant , the legal period of arresting the defendant in addition to the formal or subjective condition of challenge for a cause in front of martial court . Finally, according to the study results , several recommendations have been suggested which included the necessity for reserve arresting which is a preventative procedure that help the legal authority to control the evidences and forbidden the defendant influence on . Also, the national and Feqhy legislator should provide a comprehensive definition for release in bail .