ضوابط و إشكاليات تطبيق نظام المراقبة الالكترونية كبديل للحبس الاحتياطي

Abstract EN

The basic traditional alternative to pretrial detention is bail, that is, payment of a sum of money to the State Treasury, as a guarantee directed primarily to the fulfilment of the obligations imposed on the accused, the most important of which is attendance at the investigation proceedings when requested to do so, support for the evasion of the sentence, and refund to the accused in the event of innocence, a non-prosecution order or, after the issuance of a conviction, if he has not absconded from the fulfilment of the obligations imposed on him.

This alternative existed in Egypt and France, but was characterized in France by a provision allocating part of the bond and a directive to ensure that compensation for victims was fulfilled.

The investigating authority may amend the system of judicial supervision by adding, reducing or otherwise altering new measures, or completely end surveillance by leaving the accused free or remand him or her in custody when he or she contravenes the obligations imposed on him or her, at the discretion of the investigating judge or the custodial and liberty judge.

The new alternative is electronic surveillance, which is provided for by the French and Jordanian legislators.

In fact, it is not a verbal alternative, but rather a method of implementing preventive detention.

The accused is at home instead of being in prison, under the monitoring of an electronic device.

The home is converted into a prison for the accused, while allowing him to practice his studies, training or education.

It is a method of execution, outside prison with some trespassing, since it is not done in prison and as an alternative to preventive detention.