المسؤولية المترتبة عن الاخلالات المرتكبة من طرف ضباط الشرطة القضائية

الملخص EN

By referring to the provisions of the Code of Criminal Procedure, we find that the judicial police are competent to verify the occurrence of crimes, gather evidence about them, and search for the perpetrators.

The Judicial Police officer is legally appointed in order to defend society and its members in their security, comfort, rights and gains, fight the phenomenon of crime in its hatred and in its infancy, and to assist مجلة المنارة للدراسات القانونية والادارية –العدد الخاص: المنازعات القضائية / يوليوز 2021 313 justice in the search and investigation procedures for crimes committed regardless of the state of their commission, whether in flagrante delicto or in the case of preliminary research.

And by executing mandates, orders, and judicial rulings.

It should also be noted that the role of the judicial police is not limited to a specific period, but rather that its functions remain in effect during the investigation and trial procedures, and if not during the period after the issuance of the final ruling, then it begins practically with the force of law enforcing the judicial orders issued by the investigating judge as well as by the ruling body Through the Public Prosecution, it begins the process of executing the judicial delegation, and it carries out its work with the force of law as well, even if the procedures for the initiation of the public lawsuit have ended and a final judgment has been issued in its regard through the implementation of judicial rulings that have acquired the authority of the adjudicated matter, as well as the implementation of civil coercions in relation to the public lawsuit, except Contractual advocacy that by force of law has become incapable of civil coercion.

This situation makes the judicial police subject on one hand to the supervision of the judicial authority and to the supervision of their superiors on the other hand, which carries them disciplinary, civil and other responsibilities.

Therefore, in this article, we tried to clarify the responsibilities that the judicial police bear, and to address the procedures in place to follow them up .