أثر تغيير التكييف القانوني للجريمة على التهمة الموجهة للمتهم : دراسة تحليلية

Abstract EN

The criminal case goes through two phases, the primary investigation phase, which is undertaken by the investigating judge, and the trial phase, which is carried out by judges of various ranks.

Legal conditioning in the primary investigation stage is characterized by the character of timidity and not being obligatory for the matter court, and the latter has to adapt the action with correct adaptation, and this can only be done through basic and legal controls, Within the limits of these controls, it has the power to change the legal characterization of the crime, whether this change in the conditioning leads to an intensification of the penalty if it appears to the court that the accused has committed a crime that is more severe than the one from which the accusation was charged, or it differs from it in the legal description, or it was that The change is to reduce the penalty if it appears to the court that the accused has committed a minor or minor crime in comparison to the crime for which he was charged.

In both cases, changing the legal status of the crime will have different effects on the accusation leveled at the accused, which may affect the legal position of the accused and his right to defense.