تحميل الدليل العملي لشرح قانون المسطرة الجنائية الجزء الثاني PDF

تحميل الدليل العملي لشرح قانون المسطرة الجنائية الجزء الثاني PDF

تحميل الدليل العملي لشرح قانون المسطرة الجنائية الجزء الثاني PDF

تحميل الدليل العملي لشرح قانون المسطرة

الدليل العملي لشرح قانون المسطرة الجنائية الجزء الثاني

يتناول الكتاب بالشرح والتحليل كل أقسام قانون المسطرة الجنائية وهي كالتالي:
الكتاب الأول: التحري عن الجرائم ومعاينتها؛
الكتاب الثاني: الحكم في الجرائم؛
الكتاب الثالث: القواعد الخاصة بالأحداث؛
الكتاب الرابع: طرق الطعن غير العادية؛
الكتاب الخامس: المساطر الخاصة؛
الكتاب السادس: تنفيذ المقررات القضائية والسجل العدلي ورد الاعتبار؛
الكتاب السابع: الاختصاص المتعلق ببعض الجرائم المرتكبة خارج المملكة والعلاقات مع السلطات القضائية الأجنبية؛
الكتاب الثامن: أحكام مختلفة وختامية.
وقد اهتم قانون المسطرة الجنائية بإبراز المبادئ والأحكام الأساسية في مجال حقوق الإنسان وتوفير ظروف المحاكمة العادلة، وكان توجهه الأساسي يرمي إلى تحقيق تلك المبادئ السامية والمحافظة عليها باعتبارها من الثوابت في نظام العدالة الجنائية المعاصرة، ولذلك فقد حرص على إقرار المبادئ التالية:

أن تكون المسطرة الجنائية منصفة وحضورية وحافظة لتوازن حقوق الأطراف؛


– أن تتضمن الفصل بين السلطات المكلفة بممارسة الدعوى العمومية والتحقيق وسلطات الحكم؛
– أن تتم محاكمة الأشخاص الموجودين في شروط مماثلة والمتابعين بنفس الأفعال على أساس نفس القواعد؛
– أن كل شخص مشتبه فيه أو متابع تفترض براءته ما دامت إدانته غير مقررة بمقتضى حكم نهائي. وكل مساس ببراءته المفترضة محرم ومعاقب عليه بمقتضى القانون؛
– أن يفسر الشك دائماً لفائدة المتهم؛
– أن يتمتع كل شخص بالحق في العلم بجميع أدلة الإثبات القائمة ضده ومناقشتها وأن يكون له الحق في مؤازرة محام؛
– أن تسهر السلطة القضائية على الإخبار وعلى ضمان حقوق الضحايا خلال مراحل المسطرة الجنائية؛
– أن يقع البت في التهم المنسوبة إلى الشخص داخل أجل معقول؛
– كل شخص مدان له الحق في أن يطلب إعادة فحص التهم المنسوبة إليه والمدان من أجلها أمام محكمة أخرى عبر وسائل الطعن المحددة في القانون.

إقرأ أيضا :  مجموعة مراجع مهمة للإعداد الجيد لمباريات الماستر قانون الأعمال

 

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