تكييف الإتهام كأثر لمبدأ الملائمة في تحريك الدعوى العمومية

Abstract EN

The first judicial body to carry out legal adaptation is the accusation body represented by the Public Prosecution, as it relates to the criminal incident and sets it up for it and then relates to it both the investigation or judgment sides, and it is also decided by law and the judiciary, as well as its jurisprudence that the criminal judge when deciding the criminal case is subject to an important principle related to guarantees A fair trial, which is the principle of the court's adherence to the boundaries of the case, according to which the judge is prohibited from taking the accused person accountable for an incident in which the case has not been filed.

Through this research paper, a number of results were reached, including:  The discretionary authority of the Public Prosecution does not mean the release of the authority of convenience without restrictions, as the legislator has laid down the provisions and rules that require taking any action in some cases and restricting this authority, as is the case in crimes that are restricted by complaint, request and permission, in these cases the authority of convenience stops.

 The principle of suitability is considered as a general rule the authority established for the Public Prosecution, for every legislator approved it for the ruling bodies when it comes to the crimes of the sessions