The competent court to consider problem in implementing criminal rulings

Abstract

The legislator empowered the Public Prosecution to enforce the sentences, since its status was that of an agent who had handed down a judgement against another in the interests of his client and then proceeded to execute it; The disputes that arise during this execution have not been dealt with, which raises the question: Who is authorized to resolve these problems is the Public Prosecution, which is competent to enforce criminal sentences? Or is there any other judicial body dealing with such a matter? Another problem arose in practice: if the judgement was handed down by the court of first instance and challenged, the court of second instance overturned the judgement of the court of first instance as a whole, upheld it as a whole or overturned it in one section and upheld it in another. Who is the court competent to adjudicate the dispute: the court of first instance or the court of second instance? What if the judgement was handed down by the Court of Cassation as a court subject to the provisions of article 358/2 of the Code of Criminal Procedure? Is it different if the judgement is handed down by military courts? This research attempted to study this issue by comparing Syrian and Egyptian legislation by analysing the legal texts governing it.