مبدأ الشفوية في المحاكمة الجنائية العادلة

Abstract EN

Most of the criminal proceduralsystemsadopt the principle of verbalism as a guarantee of a fair trial, and a mechanismthat the accusedenjoy in defendinghimself and droppinganyevidencethatmay affect his innocence, giventhatthisprincipleguarantees the rights of the parties to the criminallitigation, in addition to itbeing a guaranteethat all trial procedures are conductedverbally, which It enables the litigants to beconfrontedwithit and allows discussion of all statements and evidencereceived, sothat the criminaljudge can finallyformhis conviction according to whatwaspresented in the course of pleadings and assessthisevidence.

Despite the importance of the principle of verbalism, exceptions maybe made to it in terms of some parties to the litigationsuch as witnesses, or in terms of some of the actions of the accused, or powers have been granted to the court to overridethisprinciple in specificlegal cases.

This deviationfrom the principledoes not meanprejudice to the guarantees of a fair trial.

Rather, itis a relative restriction of the verbal principleimposed by somelegalcircumstances and procedures