أولويات استجواب المتهم لدي قاضي التحقيق "دراسة مقارنة بين الشريعة الإسلامية القانونين الليبي والمصري
This study provides an insight into the rights and guarantees from different sources, such as Libyan, Egyptian and Islamic Syariah laws. The aim is to explain their basis, source, use and importance in achieving the desired balance between both personal and public interests, In addressing these issu...
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| Summary: | This study provides an insight into the rights and guarantees from different sources, such as Libyan, Egyptian and Islamic Syariah laws. The aim is to explain their basis, source, use and importance in achieving the desired balance between both personal and public interests, In addressing these issues, the researcher uses the comparative, inductive and deductive methodologies, On the sources related to the study, the researcher finds that accusations are based on suspicions, Interrogation of the accused in Islamic Syariah involves calling the accused to either admit or deny the accusation without using coercive or oppressive techniques, which could hurt his dignity, There are provisions under Egyptian, Libyan and Syariah laws, which protect the accused if such techniques are used during investigations. However, injustice prevailed when Egyptian and Libyan laws were applied to, during the former regimes, The researcher is of the opinion that the investigator should not go beyond limits when exercising his authority, nor exert coercion or provocation against the accused, He therefore recommends that lawmakers should intervene by firmly stating that influencing factors, either physically or morally, should not be resorted to during interrogations. |
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