الضمانات الدستورية لحقوق و حريات الأفراد في الضرورة الإجرائية الجزائية

Abstract EN

One of the most important issues that arise in the practical application of the Code of Criminal Procedure is the state of procedural necessity, which is a direct appeal to the rights and freedoms of individuals.The case of procedural necessity is one of the practical applications that the procedural person resorts to when he is compelled to deal with an issue before him and the ordinary procedural texts are unable to address it, which may affect the rights and freedoms of individuals guaranteed by the constitution.The function of the constitution is to set the general lines, and the procedural legislator enacts the details according to the modern criminal policy.

Including the drafting of exceptional procedural texts that take into account the rights and freedoms of individuals, especially when procedural necessity requires taking quick and urgent measures.

Which may be subjected to violation by others, which requires providing the necessary protection for those constitutional guarantees.

Criminal justice requires achieving a balance between the public interest and the private interest, which is the interest of individuals.

Consequently, the procedural person has the obligation to apply the exceptional texts that achieve the necessary protection for the rights and freedoms of individuals.