مدى دستورية تغيير المحكمة الجزائية لوصف التهمة أو تعديلها

الملخص EN

The subject of the research is one of the important topics when searching for criminal legality as it is a basic principle for protecting human rights from criminalization and punishment without a legal provision، given that the law expresses the will of the people and falls within the jurisdiction of the criminal legislator to establish crimes and penalties in accordance with the constitution that states the principle that there is neither crime nor punishment Except with a stipulation، and therefore the judge is prohibited from establishing new crimes or penalties not stipulated by the legislator، as his jurisdiction in applying the law is limited to the facts in which the case was filed.

Therefore، the trial court’s adherence to the facts of the indictment is considered a basic pillar to ensure the conduct of justice.

The importance of the research lies in the fact that giving the court authority to change the legal conditioning or amend the charge may not be consistent with the constitutional principle (separation of powers) and the independence of the judiciary.

This is the theoretical imposition of the research.

To the accused.