الضوابط القانونية لفتح الدعوى الجنائية في القانون

Abstract EN

This study aims to identify the controls and restrictions for filing a criminal suit, and that those controls and restrictions, when violated, lead to the nullity of criminal procedures ab initio.

The study also aims to raise awareness and commitment to those controls and restrictions and to remove the restriction in the manner specified by the law.

The importance of the study is represented in reflecting an important legal fact, which is that the right of the criminal prosecution or the criminal police to file a criminal case is not an absolute right, but rather some controls and restrictions are set and the purpose thereof is to protect the public interest and not to help the perpetrators escape responsibility or violate the principle of equality before the law.

Likewise, the criminal prosecution has a legal obligation not to issue an order to file a criminal case in the event of a legal restriction existence, except after removing the same in the manner specified by the law.

The problem of the study is represented in the ambiguity in the Criminal Procedure Law regarding the controls and restrictions for filing a criminal case and is it the power of the prosecution or the police? The study followed the descriptive inductive approach in addition to the comparative approach.

One of the most important results of the study is that the authority of the criminal prosecution to file criminal cases is not an absolute power, meaning that in some cases, it is restricted and those restrictions are limited to the complaint, permission and proceeding.

The study recommended the necessity to obtain permission from a specific authority before filing a criminal case, in order to preserve time, effort and to ensure the validity of the criminal procedures taken.