Seybold Report ISSN: 1533-9211
Lana Seerwan Khudhur, Assist. Prof. Dr. Ahmad Mustafa Ali
Vol 18, No 7 ( 2023 ) | Licensing: CC 4.0 | Pg no: 109-132 | Published on: 27-07-2023
Abstract
The legislator in the Arab countries allowed the court the right to exclude the accused from the session, if his presence violates the session, as he is entrusted with managing it, he may leave the session whoever deems that his presence disrupts the conduct of the session, and not only that, but he may remove from it everything that would impede the conduct and good procedures of the trial. With some guarantees necessary for his deportation, such as the inadmissibility of removing his defender, the accused should also be informed of what happened in his absence. All of this is only an application of procedural necessity.
The child may also be removed from the trial session if he is accused, and the procedural necessity lies in his removal in the interest of the child because there is a state of constant anxiety and tension within the trial sessions, which may affect his psychological state and weaken his personality.
Procedural necessity must be defined by fixed legal texts, so that their application without provisions does not lead to a departure from the principle of legality of crimes and penalties.
We also hope that the legislator will stipulate the need to use an interpreter in the event that one of the litigants or witnesses does not speak Arabic or does not understand it, as well as to impose a penalty for the translator who deliberately lies in his translation.
Keywords:
Trial proceedings - the right of the accused - common law - stages of the trial