التجرد من الميول الذاتية لدى القاضي الجزائي

Abstract EN

The criminal judge must always be impartial away from any personal interest.

Passing judgment is not normal job, for we can say it’s not job for humans, but an all mighty practice.

How can a judge who is one of the humans pass judger on other humans while he has the same weaknesses and flaws.

The judiciary is wide and needs: perfection, Culture comprehensive, depth knowledge, insight and enlightened outlook, stability and strength of the nerves, wisdom, patience and decency and common sense and vigilance… etc.

This huge burden mountains and skies refused to accept, yet accepted by human despite their weakness and helplessness.

This means judges must be the ideal humans and this is the least they can be.

The perfect judge is who can pass judgment between peoples while avoiding personal emotions and feelings and at the same time using all human senses.

Each job can be done by using human feelings and emotions ad skills for example teaching, engineering or even doctors, while being a judge needs mental, emotional and physical aspects of his everyday life to pass judgment.

So when a judge sits in a court or out of side the court, he cannot extract his human personality from his professional personality, and this is why this job is so difficult.

Judges are effected by their human feelings and interactions which may distort there judgment, while at the same time they must acquit the innocent and condemn the quality and be as fair as possible, If the judiciary is this important to the society.

Being impartial is of the upmost importance.

If the judiciary is of this sensitivity and importance that requires a special level of neutrally towards the case, and since the dawn of time, passing, judgment relied on being impartial, and not by coincidence, but by strict customs, rules and regulations.