ضمانات المتهم أمام القضاء العسكري
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Date
2023-12-15
Authors
مصطفى معتصم عواد ياسين
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Abstract
Abstract
The study aimed to identify the accused’s guarantees before the Palestinian military judiciary. The study used the descriptive analytical approach and the comparative approach with the military laws applied in some countries, especially with the laws in Jordan, Syria and Egypt, as the military judiciary law is considered one of the most important laws that have a special and exceptional character. Fair trial guarantees are one of the most important means established to protect human rights within the military justice system, as they constitute a protective shield for the accused. The increasing international interest in them has prompted most legislation, led by the Palestinian legislator, to include them in its internal laws in order to preserve them and ensure the people of authority’s commitment to them, in addition to Explaining the guarantees of the accused at the level of the special rules related to the general rules in trial procedures by highlighting them, which are the guarantees of a fair trial for the accused during the period of preliminary investigation, and included the guarantees of the accused during the arrest stage and the simultaneous and subsequent guarantees of the interrogation process, and I also discussed in the second chapter the guarantees of a fair trial in The period of the final investigation “the trial” included guarantees related to the court and the second requirement included guarantees related to the procedures.
Keywords: guarantees of a fair trial for the accused; investigation; judiciary; military; criminal procedures.