الإفراج المؤقت قبل المحاكمة في جرائم الجنح بين نظامي الكفالة الأمريكي و الرقابة القضائية الفرنسي نحو نموذج عادل للإفراج قبل المحاكمة : دراسة وصفية تحليلية مقارنة

Abstract EN

In recent years, misdemeanor crimes have attracted the attention of many legal scholars and criminal policy makers, as they are less serious crimes than felonies, and because they constitute a large proportion of the number of cases brought before the criminal courts.

What has increased the frequency of this interest is the principle of the presumption of innocence, and the consequent right of the accused to release him, and that detention although it is recognized as an exception- is contrary to this assumption.

In addition to its disastrous effects related to its violation of the basic rights of the detained person, on top of which comes the right to personal freedom, and the resulting overcrowding of prisons and an increase in expenditures, which in some US states have exceeded- as we discussed in the research- the expenditures allocated to education.

This interest led to either intervention to try to reform the temporary detention system or pretrial detention.

Either by approving alternative means for this detention or trying to reform the already existing means.

By reviewing the comparative legislation, it has been proven to us that alternative measures to detention are temporary release associated with criminal security, measures of control or judicial oversight, and fixed and mobile electronic surveillance.

We restricted our research to temporary release using the criminal bail and judicial oversight systems.

But given the rigidity of the Egyptian legal organization and its lack of pursuit of the radical changes in the origins of criminal justice, and the lack of clear and consistent numbers for the number of detainees before trial, we decided to study what the American and French federal legislation did in the matter of criminal bail and judicial oversight for them and the development of the legislative treatment for them.

With its methodology based on a descriptive and analytical comparative study, the research focuses on studying the current status of the temporary release mechanism before trial in misdemeanor crimes between the American bail and French judicial control systems.

Based on our description of the current situation of the criminal bail system in US federal legislation, and the system of judicial oversight in French legislation.

Then, analyzing this information and extracting significant and meaningful conclusions and results to reach a complete understanding and evaluation of these two mechanisms, to answer the teleological question of the research represented in reaching a fair model for pre trial release, the possibility of legalizing either of the two mechanisms in the Egyptian procedural system, and the sub-questions in its orbit.