شرعية الإجراءات الجزائية السابقة على المحاكمة وتطبيقاتها في القانون والقضاء الإمارا تي
This research discusses the issue pertaining to the legitimacy of pre-trial procedures and its application under United Arab Emirates (UAE) laws and within its judiciary system. This research is very important as it will try to find a right balance and reconciliation between two great conflicting in...
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| Summary: | This research discusses the issue pertaining to the legitimacy of pre-trial procedures and its application under United Arab Emirates (UAE) laws and within its judiciary system. This research is very important as it will try to find a right balance and reconciliation between two great conflicting interests namely the interest of the society at large to seek security and safety and the rights of the accused as provided under existing laws and constitution. To achieve all the research objectives provided in the thesis, the researcher will utilized several scientific approaches which are descriptive, analytical as well as conducting a field study that are integrated to each other in order to identify and examine all the arising issues closely and to locate the suitable outcome. The thesis research problem is focused upon the fact that the main reason the accused escape from punishment of crimes which they have committed is due to inefficiency of the existing procedures. This make the task in upholding and enforcing the laws more tough for the relevant authorities. Due to this reason, it is vital to find new ways in order for the highlighted issue to be implemented effectively for the sake of justice and fairness to all concern parties. Also the invalidity of proofs which are the result of penal procedures deviated from its initiative in using his penal authority or his lack of neutrality is an issue which need to re-evaluate. At the end of the research, possible solutions is propose without jeopardizing the concept of human freedom and liberties according to the laws and practice in United Arab Emirates (UAE). A person is presumed innocent until proven guilty. This principle should be the main pillar of justice in all nations. Level and limits specified towards procedures should go in line with laws and country constitution. If this is not been carry out, it could affect the principle of justice and fairness. It is the researcher humble view that, all the relevant enforcement agency and authorities in the United Arab Emirates (UAE) like those in Ministry of Home Affairs and Ministry of Justice to look back, re-examine and improve the existing manual which been used to deal with matter involving investigation process and sentencing. The existing manual which has been used for a long time need to be improved for the sake of the people and the country. |
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