Document Details
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Document Type |
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Thesis |
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Document Title |
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Invalidity of criminal Investigation Procedures in the Saudi criminal procedures Law بطلان إجراءات التحقيق الجنائي في نظام الإجراءات الجزائية السعودي |
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Subject |
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Faculty of Economics and Administration-Systems |
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Document Language |
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Arabic |
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Abstract |
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The voidance theory in the procedural law has many problems because the correct application of which may lead to losing of objective rights on the account of the procedural form, and the non- application of which reveals no respect of the procedural law and its texts, the matter keeps concentration on these problems when discussing the research, and I realize that the best way to discuss the voidance topic is to explain its limitations ignored by many investigators and judges, that the recognition of reasons is a must, and in turn we can apply the law precisely. As my work is a part of the bureau of investigation and public prosecution and general, I found that it is suitable to study the voidance and its judgment on the investigation procedures, to explain to the investigators and judges and the persons interested, the reasons that should be avoided in order their work will not exposed to voidance, and the research is not restricted to the voidance places, but express how can the investigator correct his void procedures, and how can distinguish between the substantial and non-substantial procedures , as the first is the most important in the field of voidance. Therefore, I choose the originating analytical inference methodology to capture the research objective, that I support my research using the Saudi legal references, and the university dissertations related to the topic, but they are not satisfied to process the research from all aspects, as it is one of the recent topics that are not written about in the kingdom of Saudi Arabia sufficiently, then I use the Egyptian legal references and the judgments of the Egyptian cassation court, and some of the Arabic criminal law in order to easily discuss the topic.
I support the research using Saudi judicial judgment, but they are not satisfied as a result of the topic accuracy and its need for further information, then I concentrate on the Egyptian judicial judgment to remove the uncertainty from points need further explanation, whereas the inclusion of the Egyptian judgment in this research strengthen the research information and no doubt avail the Saudi judge, as the matter related to the procedural side and criminal procedures cannot differ from one country to another. On the light of this methodology, the research has been divided into three chapters, the first one related to the voidance related to the criminal case parties, the second related to the reasons and place of the criminal procedure, and the third chapter related to the absence of the substantial forms, and each chapter has its requirements from themes and branches. We concluded that there is an essence to amend the theory of voidance mentioned in the penal law, in addition to explain its norm precisely, rather to be adherent to correct the void procedures., adoption of the legal doctrine in some legal tests, and I recommend to amend the texts of some articles that they do not come in line with the general rule of the procedural law, such as the text which necessitates witnessing regarding the victim waiver, and same as the texts that make the bureau of investigation director committed to issue orders on the benefit of investigation, but it is correct to be amended in a matter explains that he has the right of permission not issuance. |
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Supervisor |
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dr.Zaki mohamad Channak |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1433 AH
2012 AD |
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Added Date |
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Tuesday, October 16, 2012 |
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Researchers
| أحمد محمد الشهري | Al-Shehri, Ahmad Muhammad | Researcher | Master | |
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