إعادة النظر في نظام اإلجراءات الجزائية وأسبابها دراسة نموذجية على دول العربية = A Review of the Criminal Procedure System and its Causes A Model Study on the Arab Countries

Laeba, Muhammad and Negasi, Mohamed Ibrahim and Heriz, Mohammad Salem (2021) إعادة النظر في نظام اإلجراءات الجزائية وأسبابها دراسة نموذجية على دول العربية = A Review of the Criminal Procedure System and its Causes A Model Study on the Arab Countries. Al-hikmah International Journal of Islamic Studies and Human Sciences, 4 (4). pp. 192-233. E-ISSN 2735 - 1858

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Abstract

Reconsideration is one of the methods of extraordinary objection to the final judgments, i.e. those that have acquired the authority of the res judicata and become unobjectionable by appeal or cassation, and it is one of the regular means granted to litigants by virtue of which they can file a lawsuit for the damage they have suffered as a result of a judgment or decision. In their interest, and in this sense, it is a license granted by the system to the litigants to show the defects of the judgment issued in the case and to demand the competent judiciary to cancel it or amend it in a way that removes its defects. Some laws and regulations in Arab countries call it reconsideration, others petition, and the other retrial. With these different names, it became clear to the researcher, after studying these means, especially in the statutory reasons and justifications that their existence requires to object accordingly to reconsider a decision or a judicial ruling issued in the interest of the objector to obtain a decision or a judicial ruling in his favor, and he found that there is a problem in some of them, which It lies in the fact that only the litigants have the right to use it, so no objection is accepted from another person who is not a party to the lawsuit. Therefore, the researcher in this study will shed light on it through the use of the inductive and descriptive approach in order to show its importance in achieving judicial justice, which guarantees the litigants to resolve the dispute between them by reconsidering the final ruling, in order to arrive at a new ruling that expresses the desired truth, and he divided it into two sections, The first is a definition of the concept of reviewing the system of criminal procedures and its legal nature, and the second of the reasons for which litigants may request a review of the system of criminal procedures based on the final rulings and the legal nature of these reasons.

Item Type:	Article (Journal)
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Dr. Muhammad Laeba
Date Deposited:	30 Dec 2021 00:20
Last Modified:	17 Mar 2022 12:28
URI:	http://irep.iium.edu.my/id/eprint/95704

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