مبررات استئناف أحكام الجنايات بين الفقه و القانون

Abstract EN

The talk about appealing criminal judgments in particular is justified; Where it no longer stops at being just a right, and that it is the most important guarantee of litigation, but it has become a modern need and necessity at all levels, the same is the litigant, the court, and society as a whole; So that everyone can be assured of the correctness and integrity of judicial rulings in general and criminal ones in particular, The desired confidence is achieved in the justice of the judiciary, which can be said with it that appealing criminal judgments has become an urgent necessity, and a legitimate need.

From this point of view, this research came to present the most prominent motives for appealing criminal judgments, which are represented in the wisdom of the appeal legislation, and the achievement of equality before the law and the judiciary.

Respect for the principle of litigation at two levels, the unconstitutionality of the prohibition of appeals against crimes and violation of the principle of procedural legality, and the attachment of the appeal to public order.

The research came in an introduction, three demands and a conclusion: The first requirement: the motives for approving the appeal of criminal judgments in positive law.

The second requirement: the motives for approving the appeal of criminal judgments in Islamic jurisprudence.

The third requirement: a comparison between positive law and Islamic jurisprudence regarding the justifications for appealing criminal judgments.

As for the conclusion, it included a number of results, including: that the system of appealing criminal judgments is an international obligation and a constitutional entitlement that finds its origin in Islamic Sharia, and that the right to appeal judicial decisions, including criminal judgments, is older and more general in Islamic jurisprudence.