الطعن في قرار الإفراج المؤقت عن المتهم المحبوس احتياطيًا : دراسة في قوانين الإجراءات الجنائية العربية

Abstract EN

The detention imprisonment of an accused person represents a serious threat to liberty of a person , so if reasons for his imprisonment are no longer exist , he should be temporary released, according to the conditions and procedures mentioned in the Criminal Procedures Laws.

However , some of these laws give the Public Prosecution the right to appeal against the decision of the court whereas some did not give that permission .

This study aimed at stating the relevant provisions of the temporary release of the accused person for precaution.

It directly challenges these decisions , including granting the right to Civil plaintiff to challenge them according to specific controls.

The study concluded with a series of findings and recommendations as follows: • The inadmissibility of the release of the accused person in crimes such as death penalty , life imprisonment or imprisonment for long periods during the initial investigation, is necessary and realistic.

• The need to inform the plaintiff of the right of civil application of the accused person for a release and allow the plaintiff to express his remarks according to the law, and this is an objective step for the interests of investigation ,and the paper recommends other laws to trace it.

• There is no legal point from challenging the decision of the Public Prosecution or magistrate from the provisional release of the accused person unless civil right legislation gives that right.

There is nothing wrong to make this right limited to the crimes of extreme gravity.