المركز القانوني للمحكوم عليه بحكم جزائي صادر بمثابة الوجاهي عن محاكم الصلح و البداية : دراسة في التشريع الأردني

الملخص EN

This study aimed at identifying the legal center for those sentenced with penal judgment issued as in presence by the court of peace and first instance court in the light of the amendments to this law according to the law of the Jordanian first instance courts No.

2:1 for the year, 2017 as well as the amended law No.

32 for the year 2017 related to the criminal procedures law.

The legislator gave the right of impeach either by challenge or by appeal for the judgment issued as in presence by the court of peace; however, the legislator permitted impeach by challenge or appeal in this judgment, in case it is issued by the first instance court in offences, and impeach by appeal in case it was issued by the first instance court in crimes *in addition to distinguishing it in the apparent acceptance conditions for impeach in the judgment as in presence, where the legislator provided that the litigants should provide the permitted excuse for accepting in some cases, but not in others.

Based on the similarity for the reasons of acknowledging the judgment as in presence as well as the similarity in the cases of issuing it and the necessity of the equal legal centers for the litigants who do not come to the court without a legal excuse as long as they know about the exact time of the session.

Based on the results, the study concluded with some suggestions, including the necessity of extending the range of the judgment issued as in presence as a penalty against the litigant who doesn't come to the session without a legal excuse as well as standardizing the method of impeach in the judgment issued as in presence and the terms of accepting it regarding its form, regardless the court that issued it.