Seybold Report ISSN: 1533-9211

Abstract

LEGAL GUARANTEES FOR THE ACCUSED UNDER ARREST PROCEDURES IN ACCORDANCE WITH THE PALESTINIAN CODE OF CRIMINAL PROCEDURE NO. (3) OF 2001


Majdi Ahmad Ass’ad Alhaj Ibraheem, Assist. Prof. Dr. Ahmad Mustafa Ali


Vol 18, No 6 ( 2023 )   |  Licensing: CC 4.0   |   Pg no: 170-189   |   Published on: 16-06-2023



Abstract
In our research, we address this guarantees of the accused in light of the arrest procedure (pretrial detention) in the Palestinian Code of Criminal Procedure, which is considered one of the serious procedures that affect the personal freedom of the individual, where we first talked about what is the arrest procedure and the different designations that were mentioned in the legislation, but despite the different terminology that the basic essence is agreed upon The arrest is a procedure depriving freedom for a temporary period to achieve justice, and the definition of arrest in language and terminology and legitimately that all definitions agreed However, the arrest is a deprivation of liberty to complete the investigation procedure and access to the truth, and its legal nature and the compatibility of the arrest procedure with the presumption of innocence and the justifications for the arrest have been clarified, which is to prevent the accused from escaping and protect society and achieve the public interest and the interest of the individual because the accused is protected from attacks that may be exposed by the victim or one of his relatives and the preservation of evidence that the accused may hide and access to the truth becomes difficult and prevent him from contacting witnesses or his partners In addition, the presence of the arrested accused in the hands of the investigator helps to complete the investigation faster.


Keywords:
Legal guarantees for the accused, criminal procedures, Palestinian Code of Criminal Procedure, arrest.



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