Motives Of Pre-Trial Detention Required By The Interest In Investigating In Jordanian Law, Between Theory And Practice (Comparative Study With French Law)

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Dr. Tareq Abdel Majied Mohammad Ali , Prof. Dr. Akram Trad Al Fayez , Prof. Dr. Abdulwahab Abdullah Al-Maamari

Abstract

This research deals with the subject of arrest motives and causes of detention required by the interest of the investigation, which the Jordanian law expressly stipulated in stated article 114 of the Code of Criminal Procedure, which was introduced under the 2017 amendment and is competent to take the arrest decision. Despite the importance of this amendment, public opinion and the parties to the criminal case have confidence in the fairness of these decisions Jordanian law has become more compatible with international requirements. However, the formulation of these motives to justify the arrest was inaccurate, the law did not require a statement of the facts of the case and the indications and criteria that reinforced the judge’s conviction in their existence, and this resulted in some sham gaps in the scope of the practical application. In a way that impedes achieving a balance between individual freedom and the interest of investigation and justice. Therefore, the idea of this research was crystallized to fill those gaps by analyzing the justifications for arrest, using the experience of French law and judiciary and the jurisprudence of the European Court of Human Rights, which will contribute to supporting criminal justice in Jordan.

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