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العنوان
فكرة الضرورة في الإجراءات الجنائية /
المؤلف
الحارثي، عبدالحكيم بن سالم بن سيف.
هيئة الاعداد
باحث / عبدالحكيم بن سالم بن سيف الحارثي
مشرف / تامر محمد محمد صالح
مشرف / أحمد فاروق أحمد زاهر
مناقش / محمود أحمد طه
الموضوع
الإجراءات الجنائية. الأحكام الجنائية. القانون الجنائي.
تاريخ النشر
2021.
عدد الصفحات
328 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2021
مكان الإجازة
جامعة المنصورة - كلية الحقوق - قسم القانون الجنائي
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

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from 327

المستخلص

The importance of this research stems from the fact that the procedural necessity - in the field of criminal procedure law - is based on confronting the grave danger and the situation that the procedural person encounters while practicing these procedures. So that it grants him the competence to initiate some of these procedures that exceed the limits of its competencies in normal circumstances quickly and commensurate with the nature of the state of necessity so that it can achieve the interest that the legislator wanted from the required procedure, without prejudice to the rules of procedural legitimacy, otherwise the procedure that was undertaken in this regard would be subject to For invalidity, the researcher relied in this research on the comparative analytical approach, as he collected information related to the research topic and adapted it from the jurisprudential point of view according to the provisions and texts of the criminal law, then resorted to analyzing legislative texts in some Arab and foreign legislations and Egyptian legislation, by focusing on the texts on the theory of necessity In the Code of Criminal Procedure, thus achieving the objectives of the research, the references are documented starting with the name of the author, then the name of the reference, then the publishing house and the place of publication, with reliance on modern sources and the last edition, and the study came in an introductory chapter and two sections, and the results of the study reached 1- procedural necessity They are urgent and urgent conditions that lead those charged with implementing the provisions of the law to overstep their jurisdiction and violate the procedural form to the extent necessary for the realization of the law With regard to imposing a balance between personal freedom and criminal justice, and that necessity within the scope of the Criminal Procedure Law is a group of natural or human factors and circumstances that threaten one of the interests or values regulated by the procedural rules and which represent an assault on persons or others at risk, the procedural person cannot break from the state of necessity except by committing an act that contradicts the provisions of the Criminal Procedure Law, after weighing two interests and two values, the public interest prevails, and that the procedural necessity in the Code of Criminal Procedure has its source of multiplicity, as legislation - legal texts - plays a major role permitting the taking of action when circumstances or conditions are present In addition, there are other cases that the legislation is not exposed to, but which have stabilized based on the reality that prompted the judiciary to draw its limits and scope, and there is a practical necessity that pushed the person in charge of the procedure to conduct behavior contrary to the provisions of criminal procedures.