المراقبة القضائية كبديل عن التوقيف الاحتياطي : دراسة مقارنة

Abstract EN

Alternatives to preventive detention are important issues in the Code of Criminal Procedures, because they play an important role in reconciling between the requirements of safeguarding individual freedom and the need to uncover the truth.

The most important of these alternatives is the judicial control system established by France.

In this paper we discussed the meaning of judicial control, which involves positive obligations and negative obligations imposed on the defendant.

According to this system, the defendant remains free but subject to certain restrictions on some of his freedoms, which guarantees the right of society to reveal the truth and to preserve its security.

The system ends either by the breach of its obligations, in which case detention is imposed as a penalty; or it is canceled at the request of the defendant or the public prosecutor.

The study drew on the criticism addressed to the judicial control system and concluded that the latter had successfully reduced the use of pre-trial detention but had not fully replaced it.