أثر الصفة في الإجراءات الجزائة

Abstract EN

This study examined the effect of Heirs' agents in penal and criminal procedures in two subjects.

In the first subject the researchers discussed the definition of an Heirs' agent in penal and criminal procedures as a mandate to initiate the lawsuit that the plaintiff derives from being the right holder or from being a representative of the right holder.

In addition, the study dealt with distinguishing the heirs' agent from the similar, as it distinguished between the heirs' agent and the interest in the lawsuit, between the heirs' agent and the capacity, and between the heirs' agent in the lawsuit and the procedure's capacity, then analyzed the conditions that must be met by the parties in the criminal case, as they are conditions related to the defendant and others related to by the victim and criminal procedures.

In the second subject, the researchers investigated the effect of the Heirs agent in the stages of the criminal case through the victim's complaint because of his involvement in the right of the victim, as well as the researchers clarified conditions related to the victim's submission of the complaint.

Then, the study dealt with the effect of the Heirs' agent capacity in the preliminary investigation stage, and that this Heirs' agent has rights at this stage, such as the right of the parties to attend investigation sessions or any other procedures.

At this stage, the study showed the rights of the parties to hire a lawyer and seek the assistance of the defense.

In addition, the study presented the effect of the Heirs' agent also in the stage of objection to the provisions per law.