الخروج على المساواة في الاجراءات الجنائية

Abstract EN

The principle of equality is one of the constitutional principles that most constitutions are keen to include in their texts.

The concept of equality has undergone a remarkable development, after it meant olute arithmetic equality between people.

It developed into a modern concept based on equality between similar legal positions.

The legislator predetermines the objective legal centers within the framework of criminal procedures.

It is accordingly equality before the law and within the law and in the application of the law.

The legislator deviates from equality in criminal procedures due to practical requirements that require this anomaly.

We will be faced with a violation of equality before the law, sanctioned by the need to preserve the permanence of public office, or to distance the judiciary from the influences exerted on it by the parties to the criminal case.

It may also require this exit family ties and social relations.

The legislator considers the necessity of maintaining these relations in order to prevent a branch of the family tree from being broken, the social fabric under which its members and members are sheltered.

But the legislature sometimes deviates from equality without justification.

The procedural text is formulated using inaccurate or ambiguous terms.

Which makes the legal centers of people vulnerable to destabilization and change.

Also, the provisions of criminal procedures may conflict.

This conflict may be the result of the temporal precedence in the issuance or as a result of adding restrictions to the text to fortify the position of what the preceding text was unable to determine its scope.