قاعدة سرية المداولة القضائية في الدعوى القضائية : دراسة مقارنة

الملخص EN

Judicial deliberation is a stage of the civil judicial ruling in which the discussion and exchange of views are held between the judges about the verdict and its reasons in a professional and objective manner.

Therefore, it is subject to a set of organizational rules that regulate the deliberation and consultation process for itself, which must be observed regardless of the composition of the court in order for the judicial deliberation to take place.

It is correct due to its legal effects, and among these rules, that the deliberation is confidential only between the court's judges, and no one else can hear it, and that no one participates in it, regardless of his legal or functional capacity.

The goal of establishing this rule is to provide the judge or judges with the opportunity to express their views on the judgment to be issued freely and independently, away from external influences, whatever they may be, as the commitment to confidentiality of judicial deliberation is a functional and legal restriction that exposes the judge responsible for breaching it to legal punishment.

Finally: The most appropriate penalty for breaching this rule is that the responsible judge is subjected to disciplinary punishment (disciplinary punishment) as it is considered a breach of the duties of the judicial office.