قاضي التحقيق الجنائي بين التبعية والاستقلال: دراسة تحليلية بين القانونين المصري والفرنسي

Abstract EN

The separation between the judicial authority and the other authorities is not sufficient to ensure the independence of the judiciary.

Yet, in order to ensure the implementation of the goals of the criminal lawsuit in declaring the State Right in applying the penalty on the basis of subjectivity and truth, it is necessary to separate between the authorities involving in the lawsuit; including accusation, investigation and pronouncing the judgment, i.e.

in order to consider the independence of investigation judge sufficient, it is necessary to be independent of other agencies involving the criminal lawsuit.

Despite the independence, it is necessary to subject the decisions taken by the investigation judge in the state of preliminary investigation to control since the preliminary investigation procedures contain the prejudice and dealing in the personal rights of the accused.

Such prejudice may be dangerous and severe to the degree reaching lacking some of the basic rights.

Therefore, the existence of a judicial control on the decisions and orders taken by the investigation judge during the preliminary investigation is considered a true guarantee for the effectiveness of the texts of the law and so ensuring the legality of the preliminary investigation procedures, through such control, the judiciary can exercise its role in protecting the community and guaranteeing the individual rights of the accused.