Guarantees Of The Accused In The Preliminary Investigation (Comparative Study)

Abstract

The purpose of writing this research is to shed light on an important topic in criminal trial procedures, it is the guarantees of the accused in the preliminary investigation, despite the fact that this topic has been explained by great and giants of jurists and commentators on penal laws in the Western and Arab world.  In fact, there is not a single book of the penal assets explanations books, if it does not include a full and interesting explanation of this topic. Also, dozens of doctoral theses, master's theses and diploma research have been written in this field, the ink has not yet run out and the paper has not dried in it. However, the researcher, with all humility and pride, would like to present a very important topic, because it is related to human rights enshrined in all divine and man-made traditions on the one hand, its attachment to the special liberties with which peoples fought, it struggled a lot to enact her constitutions on the other hand, our Arab peoples are still struggling for that. Also, this topic is very important from two different perspectives as well, one of them is that the accused has been covered by many legal and constitutional rules that prevent him from being considered a “committee of the criminal act except after the evidence and evidence against him and his conviction for that have occurred.” Then came a rule and principle (the accused is innocent until proven guilty), which was stipulated in all the constitutions and laws of the civilized world, it was also what prompted the researcher to focus on this topic from the perspective of every human being exposed to accusation, How if I become? Or whoever reads the researcher's research is accused?. We are all susceptible to that, if we had no criminal inclinations, How many innocent people have been accused of no fault of their own?. All these reasons and views in the views made the researcher to search for the human being, when he finds himself accused, the researcher believes that everyone should know the legal guarantees of the accused during the initial investigation.