ضوابط التوقيف و ضماناته في التشريعات الجزائية الفلسطينية : دراسة مقارنة

Abstract EN

Arrest is on of the most serious investigation procedures exercised by the entity of investigation where it constitutes a restriction on the individual liberties, being without decisive verdict issued by allegation against the prisoner.

Therefore, the Palestinian legislator has worked to support it with a series of formal and objective guaranties to make the required balance between the interests of the investigation which led to take this kind of action and the interests of the protectively detainee.

In order to take these controls and guaranties into account, we extrapolated the provisions of the Palestinian criminal procedure No.

3 of 2001, and the provisions of some of the relevant comparative laws, most notably the law of criminal procedure of Egypt and the law of Jordan’s criminal procedure, with views from time to time on some of the comparative legislations in order to demonstrate the effectiveness and adequacy of those controls and guaranties in the protection of the detainee against the abuses of the competent authorities.

We concluded at the end of the research the presence of many of the observations and criticisms of the provisions of the Palestinian criminal procedure law and the comparative law related arrest, and we tried to demonstrate the positive aspects of the comparative legislations to be submitted in the form of recommendations and proposals accessible to the Palestinian legislator for use in any future modification of the provisions of the criminal procedure law regarding arrest leading to better controls and stronger guaranties.