National And International Legal Protection For Judicial Detainees In Jordan

Authors

  • Hamzah Aldoghmi Al al-Bayt University

Abstract

This research examines the legal protection of judicial detainees in the Jordanian legal system in accordance with domestic and international legislation. Through an analytical study of domestic legislation and international law, the research focuses on the legal basis of judicial detention by defining its concept and legal nature. It also highlights the duration of judicial detention and the authority responsible for it as a pre-trial procedure. In addition, the research discusses judicial detention in accordance with constitutional rules as well as the obligations imposed by international law. Finally, the research discusses judicial oversight of judicial arrest decisions. The research uses the descriptive method and the legal analytical approach. The research combines theory and practice, by reviewing judicial applications of judicial detention in the Jordanian judiciary. The research concluded several results, the most important of which is that judicial detention is an exceptional measure, the Public Prosecution’s authority to arrest has been restricted in terms of the type of crime and its punishment, the purpose of the detention, and the period granted for the detention. The research recommends separating the authority to investigate from the authority to indict, so that the Public Prosecution is granted the authority to indict, and the investigative authority is entrusted to independent judges with a high degree of experience and legal knowledge.

 

Downloads

Published

2024-01-31

How to Cite

1.
حمزة الدغمي. National And International Legal Protection For Judicial Detainees In Jordan. Tuj-econ [Internet]. 2024Jan.31 [cited 2024Nov.25];45(6):55-76. Available from: https://journal.tishreen.edu.sy/index.php/econlaw/article/view/16886

Issue

Vol. 45 No. 6 (2023): Tishreen University Journal of Research and Scientific Studies - Economic and Legal Sciences

Section

Articles

License

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

  • The authors retain the copyright and grant the right to publish in the magazine for the first time with the transfer of the commercial right to Tishreen University Journal of Research and Scientific Studies - Economic and Legal Sciences

     Under a CC BY- NC-SA 04 license that allows others to share the work with of the work's authorship and initial publication in this journal. Authors can use a copy of their articles in their scientific activity, and on their scientific websites, provided that the place of publication is indicted in  Tishreen University Journal of Research and Scientific Studies - Economic and Legal Sciences   .  The Readers have the right to send, print and subscribe to the initial version of the article, and the title of Tishreen University Journal of Research and Scientific Studies - Economic and Legal Sciences Publisher

  • journal uses a CC BY-NC-SA license which mean

    You are free to:

    • Adapt — remix, transform, and build upon the material
    •  
    • The licensor cannot revoke these freedoms as long as you follow the license terms.

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

  • NonCommercial — You may not use the material for commercial purposes.

  • ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.