قراءة في المعذرة المشروعة كشرط لقبول الطعن المقدم على الأحكام الجزائية في القانون الأردني

Abstract EN

The study is located within the context of the Criminal Procedures Law Amendment No.

32 of 2017 and the texts of the Magistrate Courts Law No.

23 of 2017.

In this respect, the Jordanian judicial legislator has reorganized the provisions governing the court responsible for hearing misdemeanor cases and the court responsible for hearing appeal cases (i.e., objection and appeal), the ways to appeal the court decisions when the defendant, suspect, or accused is absent, and the conditions to formally accept appeals in this type of trials.

The legislator has also introduced the idea of ‘legitimate excuse’ for controlling the non-serious appeals of the convicted.

This study highlights what the idea of ‘legitimate excuse’ means and what its judicial or legal constraints are, what the conditions are to accept appeals in accordance with the idea of ‘legitimate excuse’, what the negative and positive consequences are when its being introduced, and whether there is an approach to the supervision of the application of the conditions and legal constraints of ‘legitimate excuse’ in light of the jurisprudence of Court of Cassation.

Finally, we conclude with some findings and recommendations.