العوارض الدائمة المانعة من استمرارية الاتهام الظني

Abstract EN

The penalty case is known as a set of rules prescribed by law to deal with complaints and news about crimes.

The search for the perpetrator and gather evidences about them in order to prosecute and bring retribution against them aiming to protect society and its members and reassure it, and this is the basis in the penalty case.

The penalty case requires the issuance of a verdict that has become definitive and this normal case for the end of the penalty case, However, there are disagrees or contraindications under which the lawsuit expires without ending all its procedures, and these disagrees are permanent, In a way to forbid from initiating the penalty case again if available and these disagrees are (the death of the accused, amnesty, statute of limitations, unqualified sentence, and the cessation of legal proceedings, a final cessation), (Reconciliation, waiver) of the most important characteristics of these disagrees as they are permanent procedural obstacles to the path of the criminal case to proceed in its proceedings and continue, It also assumes the existence of elements of crime and the emergence of criminal responsibility, but it closes the procedural means that determine this responsibility and the punishment.

They are also considered to be of public order and therefore the accused may not waive them.

The court, if these evidences available, shall decide by itself not to accept the case