الأحكام النظامية للاستثناءات على سماع الشهود أمام المحكمة الجزائية : الأسباب التي ترجع إلى المتهم و الشاهد

الملخص EN

Witness testimony enables justice to obtain evidence that contributes greatly to reaching the truth, and therefore the obligation to testify is the duty of every person who was invited by the court to testify to attend, but there are some exceptions to hearing testimony before the court, including the confession of the accused, and the waiver About hearing witnesses before the criminal court, the impossibility or inability to hear the witness, the impossibility of summoning witnesses, and finally there may be an adjective attached to the witness that prevents him from testifying.

The research aims to achieve the main goal of shedding light on the statutory provisions that regulate exceptions to hearing witnesses before the criminal court.

If the court is required to hear by itself and verify all evidence of the case and adhere to the principle of oral and confrontation as one of the principles of a fair trial, however, the study of cases excluded from not hearing witnesses raised some problems.

I dealt with this research based on the fundamentalist approach and the deductive (analytical) approach, and after conducting the study I reached some results, the most important of which are: that every confession issued by the accused during the period of false arrest is a false confession in turn and the trial court does not have discretionary power over it, unlike the confession Which is issued following a false search, and if the accused does not stick to hearing the witness before the court of first instance, this makes him waive his hearing not only before the court of first instance, but also before the court of appeal, and finally, concealing the identity of the witness does not contradict the guarantee of a fair trial stipulated Article VI of the Declaration of Human Rights, as long as the judicial authorities have followed procedures to ensure the right of the accused.