The executive regulations of the criminal procedure system
- Article 1: The Authority sends a letter to the court with the names of the public prosecutors authorized to file a public criminal case before it.
- Article 2: Opening a public criminal case before the competent judiciary, which includes the duties and responsibilities of the public prosecutor, such as providing evidence, its contribution, and the burden of proof.
From here, we learn about the executive regulations of the legal pleadings system and what are the prescribed articles: The executive regulations of the legal pleadings system and what are the prescribed materials
- The criminal case referred to in Article (16) of the Law is a private criminal case involving private and public law.
- The accused in a criminal trial shall not be notified of his presence before the court unless the trial is fruitful and acceptable in terms of its nature and efficiency.
- Notification of the public prosecutor to appear before the court in the framework of the private criminal case referred to in Paragraph (1) of this Article shall be by means of a memorandum containing the name of the plaintiff and the name of the defendant, their addresses, the type of charge, a copy of the file, the date of the session, and whether the public prosecutor did not appear before the court after being notified; This should be recorded in the case file and the court rules in a private law trial.
- The crimes in which a special right is required for the individuals referred to in Article (Seventeen) of the system are the crimes in which the harm is limited to the victim.
- If there are multiple victims in the same criminal case, the complaint of one of them is sufficient to open general criminal proceedings.
- If there are multiple defendants in the same criminal case and a complaint is filed against one of them, a general criminal case may be filed against the others.
- We shall hear the victim or his heirs referred to in Article (18) of the Law. Who was incompetent or incompetent.
- The lawsuit shall be recorded when the lawsuit is seized, and the actions of the court before which the penal lawsuit was filed regarding the conflict that has arisen between the interest of the victim or his successor and the interest of his interest. alternative.
- The court referred to in Article (19) of the system is the general criminal case.
- The court shall notify the person who filed the case, in the two cases provided for in Article (19) of the Law – orally if he is present with the entry in the file, and if he is not present, the notification shall be made by an official letter addressed to him.
- The complainant must, after the necessary procedures stipulated in Article (19) of the Law, inform the court of what has been done.
- What is meant by the acts stipulated in Article (20) of the law, who was outside the session, from the provisions of Chapter Three of the Rules will be applied to what was there.
- If consideration of these acts requires a larger number of judges, the judicial circuit that considers the criminal case shall refer it to a specialized judicial circuit that has the required number.
- These acts are examined in the framework of an independent control, unless the Chamber envisages its consideration in the preliminary seizure.
- The marital relationship stipulated in Paragraph (1) of Article (21) of the Law does not require that the marital bond be valid.
- The hostility that prevents a member of the committee from filing a lawsuit or issuing a decision in it is hostility born for a reason unrelated to the case.
- Each of the litigants may ask the head of the authority’s branch in the city in which the agency is located, and the heads of investigation departments in the governorates, about the investigator’s response to the investigation, in the case, before or during the investigation procedures. It is a summons in which the reasons for the answer are stated. The head of the branch or department may accept or reject the request with justification.
We recommend that you read the topic of how to request a review of the court ruling in detail: How to request a review of a court ruling in detail
- The case is considered filed within the framework of the private criminal trial from the date of registration of the case file submitted by the applicant to the court.
- If the public criminal trial ends before it is presented to the judiciary, the Head of the Investigation Department issues an order to keep the papers in accordance with Article (63) of the Law and Article (40). Second) of the Regulations, or filing a lawsuit in accordance with Article (one hundred and twenty-four) of the Law and Article (87) of the Regulations, as the case may be.
- Closing the public criminal case with the death of the accused does not prevent the investigation authority from conducting or terminating the investigation.
- The end of the general criminal trial does not preclude the continuation of confiscation procedures for what is considered confiscated possession.
- The forfeiture of the general criminal case shall not have any effect on the right of the accused – in accordance with Article (22) of the Law – to conduct his behavior on others.
- If there are multiple victims in the private criminal case, or if he has more than one heir. Pardoning some does not preclude the prosecution of others.
- When approving the pardon of the victim or his successor, the provisions of Article (29) of the Law and Article (17) of the Regulations shall be observed.
- The competent authority referred to in Article (25) of the system is the authority that the criminal investigator reports to.
- Conducting a criminal investigation – according to Paragraph (2) of Article (26) of the Law – in addition to the police, the persons and those responsible for their assistance.
- In the exercise of his duties, the judicial police officer may request the assistance of other men in the public authority when necessary.
- Criminal investigators, each according to his competence, accept reports and complaints about all crimes, whether they are verbal, written, known, or of unknown origin.
- If the notification or complaint is submitted to a non-competent control authority in a place, it must record it and return it to the competent seizure authority.
- The record of communications and complaints to the detaining authority must include a summary of the communication or complaint, its date and time, and the name of the person submitting it, if any. recipient and the measures taken.
We invite you to read the topic of inquiring about criminal cases and what are the most important procedures: Inquire about penal cases and what are the most important procedures
- The criminal investigator – while traveling to the place where the crime was committed in accordance with Article (27) of the system – writes a report that includes the following elements:
- The date, time and place of the action.
- A clear description of the place and the crime.
- Inventory and description of seized items.
- The signature of all those to whom statements or sayings are attributed.
- The signature of the commander and one of the criminal investigators and his assistants who participated with him.
- The judicial police officer must show proof of his identity and personality when practicing his specialization in accordance with the law and regulations, and if he is a soldier wearing his military uniform, that is sufficient.
- The criminal investigator, if necessary, has the right to exercise his duties outside the scope of his spatial jurisdiction whenever this is related to an incident during which inferential procedures are taking place.
- The notification of the criminal investigation officer to the authority of the occurrence of a crime must include a brief statement on this subject, when it occurred, and the place of its occurrence, and if it appears to the authority: the delay in notification. She can search for the cause.
- The authority that undertakes one of the criminal investigation procedures that does not prevent the criminal investigator from carrying out his work by collecting the necessary investigations, deductions and clarifications.
Article twenty three
- The arrested person can contact whoever wishes to inform him in the manner determined by the judicial police officer or the investigator, according to the status and circumstances of each case.
- The suspended employee – referred to in Paragraph (2) of Article (36) of the Law – shall be notified of the person who issued the order to continue the detention.
Article twenty four
- The reasons for arrest during the investigation are:
- If the crime is a major crime.
- If the interest of the investigation requires the arrest of the accused.
- If the accused does not specify a place with the approval of the investigator.
- If there is a fear of the accused fleeing or disappearing.
- If the accused does not agree to attend the request.
- If the detention period is five days or more, the arresting agency must notify the authority that issued the arrest warrant and coordinate with it before the expiry of its period for a period of no less than seventy-two hours.
- If the detention period is less than five days, the prison administration must inform the authority that issued the arrest warrant and coordinate with it adequately before the expiry of its period. In either case, if the extension order has not been received from the authority and the time limit for it has expired, it must immediately release him and notify the authority that issued the arrest warrant.
- Detained in flagrante delicto, or an arrest warrant issued against her. In the women’s detention center.
- When detaining minors and girls, the laws and regulations regulating this shall be observed.
Do not miss reading the topic of the difference between the partial and penal court in detail: The difference between the partial and penal court in detail
Article twenty five
- If a member of the commission charged with visiting prisons and detention centers discovers that there is a person imprisoned or detained illegally, he must inform the head of the investigation apparatus to which he reports to take the required measures in accordance with Article (40) of the system.
- If the detainee or imprisoned person submits his complaint to a member of the competent authority to visit prisons and places of detention, he shall receive proof of receipt.
- Any place designated for arrest or detention – and others – shall be subject to the control and inspection of the Authority in accordance with this Law and the Law of the Investigation and Prosecution Authority.
- The Detention Department submits to the Commission daily a list of the names of the detainees, the dates of their arrest, the reasons for their arrest, and the period spent by each of them.
- The prison administration and the prison administration must include in the prison record or the record of the place of detention referred to in Article (38) of the system the name of the detainee or detainee – according to the circumstances – and the date and period of his imprisonment or detention, the number and date of the judgment issued against the convict, and the number of the arrest warrant or the execution of the prison. and its history, and the party responsible for it is an order.
- The records referred to in Article (38) of the system are paper or electronic records, and detainees or detainees are contacted, and the Commission determines to hear their complaints in the appropriate manner.
- If the detainee submits an oral complaint to the prison or detention director. The prison warden shall prepare a report signed by the complainant, including what he said about the grievance and its reasons. The complaint must be attached to a summary of the file of the inmate or detainee and notified to the member concerned with the grievance.
- While visiting prisons and places of detention, the competent members of the commission must verify the existence of a suspended or suspended complaint file, review it and sign on the last page to confirm that.
Article twenty seven
- It is permissible to report the presence of a person imprisoned or detained illegally or in a place not designated for detention or detention stipulated in Article (40) of the Law, orally or in writing, even if the informant is not interested, and a report is prepared to this effect that includes the personal data of the registrant and contents of the report.
- The authority shall be informed of the presence of a person imprisoned or detained illegally or in a place not designated for detention or detention by informing the head of the branch or the head of the concerned department. The whistleblower must immediately order one of the members of the authority to move to the place of the detainee or detainee to take the necessary measures in accordance with Article (40) of the system.
From here, you can learn about the rights of the defendant in the criminal court during the course of the investigation and after the verdict is issued: The rights of the defendant in the criminal court during the course of the investigation and after the issuance of the verdict
At the end of the article, we have learned about the subject of the Executive Regulations of the Law of Criminal Procedures, and what is related to this subject in general, so we hope that you read the entire subject in order to obtain the full benefit for you.