الصلح في الدعوي الجنائية

الملخص EN

Long time ago, humanity knows reconciliation and resorted to it for safety and social peace between individuals.

This was done by either handed the offender to the victim's family or Al-Deyah (compensation - blood money) to victim's family.

Reconciliation is authorized in Islamic law and applied it in Al-Deyah, (compensation - blood money) deceiving and Al-Qisas {the law of equality in punishment} crimes "either by mistake or intentionally” but, the lawgiver restrict it in some crimes like (killing by mistake, hurting or hitting or dealing drugs) not all crimes.

The origin of acts is permission except a text (law) prohibits them.

(Acts not banned by the law are permitted).

That means, there is no crime or punishment but a text (law) prohibit it.

The all permissiveness leads to corruption.

Reconciliation is not for all crimes.

The lawgiver determine some specific crimes because, these crimes damage just offender and victim.

On the other hand, the lawgiver may refuse reconciliation and reconciliation in some crime, because these crimes damage the whole society.

Among the offenses in which the infringing Sharia prescribes conciliation is the provisions of article 18 bis (a) of the Code of Criminal Procedure.

These are certain crimes in which the legislator authorized reconciliation.

The conciliation shall result in the expiry of the lawsuit even if it is filed by direct prosecution even if it was raised by direct claim.

The Public Prosecution shall order the suspension of the execution of the penalty if there is reconciliation during its execution and there is no effect on the rights of the victim of the crime.

Reconciliation as it is in the Criminal Code is in the Civil Code, but in the Civil Code is broader than the Criminal Code because the Criminal Code constitutes crimes where reconciliation for specific crimes.

Reconciliation includes two types of crimes: "crimes of persons, crimes of money"
Reconciliation procedures differ in positive law from Islamic sharia (law).

In the positive criminal law, reconciliation is made before the public prosecution or the court.

A conciliation and reconciliation award shall be issued between the parties to the case.

Law No.

174 of 1998 amending certain provisions of the Code of Criminal Procedure and the Penal Code.

Article 18 bis (a) authorizes conciliation in offenses and misdemeanors to be punished with a fine.

Law 74 of 2007 extends the scope of reconciliation and extends it to offenses and misdemeanors that are not mandatory punishable without a fine or elective punishable by imprisonment for a maximum of six months.

Reconciliation is characterized by amnesty and parental.

Reconciliation is done only with the consent of both sides, but the amnesty shall be issued by the guardian of the blood or the victim without the need for the consent of the offender.

Also, the amnesty may be free of charge or in (Deyah) blood money, while reconciliation is only on money.

This money may be in the amount of (Deyah) blood money or less or more.

If the peace requires the consent of the offender and the victim or guardian there is no specific amount of money.

The (Deyah) blood money shall be fulfilled on the basis of the nonexistent will of the victim or his guardian
The victim or guardian has the choice between carrying out Al-Qisas {the law of equality in punishment} or the (Deyah) blood money.

Crimes in Islamic law differ from those of positive criminal law only in some names.

If the reconciliation is done before the investigation, the Public Prosecution shall order the filing of the case.

If the reconciliation is done before the investigation, the Public Prosecution shall order the filing of the case.

If conciliation is made during the investigations before the Public Prosecution, the Public Prosecution shall order that no criminal action be instituted.

If the reconciliation takes place after the criminal case is referred to the court, the court shall rule on the expiry of the criminal case for reconciliation.

If the reconciliation takes place during the appeal against the judgment before the Court of Cassation, the court shall rule on the rejection of the appeal because of the reconciliation and stop the execution of the penalty.

If there is reconciliation between the victim and the accused, the court shall rule on the expiry of the criminal case by reconciliation and a reference to the innocence or conviction of the accused.

Therefore, the plea bargaining does not affect the civil action for the crime in which it is reconciled, whether proceeded before the civil and criminal action.

key words: .

Conciliation - criminal lawsuit - border crimes - bridging crimes - criminal litigation.