الطعن بالنقض بأمر خطي في القانون الأردني

الملخص EN

This research is concerned with analysis of the legal provisions of "Cassation by Written Proceedings" (or what is called Cassation for the Law interest) in the criminal actions according to the provision of Article (291) of the Jordanian Criminal Procedures Law along with making comparison with the French, Lebanese and Syrian relevant laws.

This cassation form is considered one of the abnormal or exceptional cassation forms which makes it subject to and governed by legal provisions which are somehow different from those applied to the other forms of cassation, especially that the objective of such cassation is amalgamation of judicial discretion, stability of legal principles and avoiding fault in the future.

The research showed the individuals who are entitled to request such form of cassation that are: Minister of Justice or Head of the Prosecution General.

The research further discussed the extent of such cassation form where it is applied to the criminal actions and covers all the court awards, judgments and procedures, provided that the cassation subject matter should be final, has not been audited by the Cassation Court and that the cassation should be based on the Public interest litigation.

Then, the research looked into the reasons of the cassation by written proceedings which should be legal and its various effects.

The research was ended by a conclusion covered the most significant outcomes, recommendations and evaluation of the system of this form of cassation in the Jordanian Law on the light of the critics made by the Jurists to such form of cassation.