Digital Commons Network^™

The Fine For The Crime Of Issuing A Cheque Without A Balance Between The Ordinary And The Relative In The Algerian Legislation, Bassim Chihab Prof.

UAEU Law Journal

The fine stipulated in Article 374 of the Algerian Penal Code took a special place in both the judiciary and legal jurisprudence, as the legislator made it specific to the value of the cheque or the decrease in the balance. The judiciary described it as a mandatory complementary punishment, and this resulted in important consequences, as it is not valid to rule on it alone, reprieve or reduce it. In view of the developments in the punitive policy, the Algerian judiciary, represented by the Supreme Court, considered this fine as an original penalty, and everything related to this description was …

The Security Period Disrupting The Punishment Conditioning Systems In Algerian And French Laws, Bassim Chihab Prof.

UAEU Law Journal

The security period is one of the topics of criminal law, it was adopted by French law in 1978 It was included in the penal code which entered into force on 1/3/1994. Then other legislation followed and it was adopted in the Algerian penal code by law 06- 23, it was considered by the Gabonese penal code issued on 5/7/2019.

The security period is not a criminal penalty or an aggravating circumstance, it is based on the terms of sentence and imprisonment and targets the systems of execution of the penalty, and it is mandatory by the force of law …

The Penalty Of Training On Citizenship Values As An Innovative Alternative To Short-Term Freedom Deprivation Penalties In The French Criminal Law, Dr. Abdul Aziz Ahmed Al Hassan

UAEU Law Journal

This study focused on defining the training penalty on citizenship values as an alternative punishment to penalties depriving freedom of short duration, which was approved by the French legislator as an innovative punitive model with clear specificity, aiming at restricting the offender's freedom rather than depriving it, in order to spare the convict sentenced to short freedom deprivation penalties mixing in prison with a convicted person on them for long periods, which leads to dire ill effects. The implementation of this punishment does not cost the state much compared to traditional penalties, and it reduces prison overcrowding. Through the extrapolation …

Criminal Confrontation Of Encrypted Digital Currencies And Artificial Intelligence Crimes Analytical Study In Egyptian And Comparative Legislation, Dr Ramy Metwally El-Kady

UAEU Law Journal

The world is on the cusp of a fourth industrial revolution, which is a tsunami of technological progress that will change the details of human life, through its dependence on the Internet of Things, Blockchain and artificial intelligence applications. Criminal law, legislators and criminal justice agencies do not seem isolated from these developments, and the research aims to shed light on the fourth industrial revolution and its new tools, address blockchain technology and its link to virtual currencies and their misuse, shed light on the rules of responsibility resulting from the use of artificial intelligence applications, and shed light on …

The Role Of Commanding Good And Forbidding Wrong (The Role Of Al-Amr Bi'l -Ma'ruf Wa'l-Nahyi An Al-Munkar) In The Prevention Of Crime In The Islamic Criminal Legislation. - A Comparative Study - By: Lawyer Dr. Muhammad Riad Al Khany

UAEU Law Journal

No one in the Islamic Society can deny the effect of the order to do well and to refrain from what is bad on the prevention of crime. This order is a fundamental source of the Islamic Legislation in general and of the Islamic Criminal Legislation in particular. This in situation stem s its origins from two sources: The Holy Quran and Sunnah of our Prophet Muhammad. The Quran had said many times and on m any occasions, that the main task of the individual is to practice and order the well and to refrain from doing the bad and …

Extremity Of Penal Judge In Building His Soulful Certainty- نطاق حرية القاضي الجنائي في تكوين قناعته الوجدانية, Mamdooh Khaleel Albahar

UAEU Law Journal

It is known that criminal proof is considered as one of the most important subjects of the criminal procedures, and that all procedures' main aim is to find a method to prove the real fact which took place since according to the criminal proof the suspect is considered as innocent or guilty, as the aim of criminal proof is to reveal the real fact for the purpose of securing justice.

The principal of soulful certainty is considered as one of the most important principals of evidence theory as it corresponds with the normal and logical thinking method in ordinal life …

Criminal Justice In Juvenile Delinquency, Rana Aloutor

UAEU Law Journal

Childhood is a very important period in human life; therefore certain principles exist to control its rights. Because of its status and importance, the Jordanian legislator, like the French one, treated it with special attention and care.

The existence of specific sustem regime in juvenile delinquency has three dimensions: The content, the procedural and the institutional. First, in the content, it doesn't seem adequate to apply at juvenile delinquency the same penalties as adults, measures of protection and education seem more adequate.

Then, in the procedural, the specifity of juvenile delinquency demands special courts, specialized in the issues related to …

Corporate Criminal Liability Under The Criminal Laws Of Jordan And Australia: A Comparative Analysis, Moayyad Mohamed Al Qudat

UAEU Law Journal

In Jordan, the current theory of corporate criminal accountability focuses upon the individuals who make-up an organization. However, this legal approach, known as the identification doctrine, based on individual fault assigning has its limitations. Corporations are not just individuals nor can they be reduced to their constituent human agents; rather their formation, structure, activities, policies and whole existence mark them as independent entities in their own right. The present paper provides a comparative analysis of corporate criminal liability in Jordan (a civil law jurisdiction) versus that in Australia (a common law jurisdiction). It highlights some of the key developments in …

Mediation As An Adversarial Criminal Resolution Method A Comparative Analysis, Anwar Mohamed Al Massaada, Bashher Zaghlool Zaghlool

UAEU Law Journal

Criminal Mediation is a modern legal system that aims to solve criminal disputes through nontraditional means. Such a system can help in avoiding the regular adjudication of crimes via courts. This system was initially applied in Canada in 1974, then in the United States in 1978. Later on, it started to be implemented in nearly all European countries. This system is based on the idea of solving criminal disputes away from the court's process, but at the same time under its supervision. This operation is assigned to a mediator who meets both parties in order to reach an agreement between …

Criminal Confrontation For Human Trafficking Crimes A Comparative Study, Fatiha Mohammed Gourari

UAEU Law Journal

This study deals with the protection of Human Rights and dignity since human trafficking has become the world's third fastest-growing illegal industry after weapon and drug trading. This study is divided into two sections. The first section examines the rules and principles governing the issue of human trafficking in the UAE national laws, as well as those of France and USA. The second section deals with the rules and principles governing the issue of human trafficking in light of two International Charters: the Palermo Protocol, which was attached to the United Nations Convention on Fighting Organized Crimes, and the Council …

Happy Slapping Criminal Liability, Fatiha Mohammed Gourari

UAEU Law Journal

This research deals with criminal liability resulting from ‘happy slapping’ crimes. It looks at unprecedented mobile phone crimes which are based on assaulting the victim physically or sexually and filming the attacks and then publishing them for the sake of humorous enjoyment. The study is divided into two chapters. The first one deals with how sufficient are traditional incrimination descriptions in determining ‘happy slapping’ punishment while the second chapter deals with ‘happy slapping’ incrimination under special provisions of law. The study focuses on the French law which introduced an 'anti-happy-slapping' clause in its efforts to prevent delinquency. The study ends …

Individual Criminal Liability According To The Rules Of International Law, Safawan Maqsood

UAEU Law Journal

The principle of individual criminal liability has been recognized by International Law since the Versailles Conference1919. However, this principle became only effective through the Nuremburg and Tokyo International Criminal Tribunals.. The present study discusses the International individual criminal liability which is , now, a major and an undisputed concept of international criminal and a main means to repress international crimes .It further casts light on international crimes which have increased in the last decade of the 20^th Century

National Legislation In International Cross-Border Crimes, Rana Aloutor

UAEU Law Journal

In order to combat international crimes, often international cross-border crimes, and to face the proliferation of organized crimes, States cooperate among themselves by signing and ratifying international conventions. Although international conventions have certain legal force, they are not enough by themselves to fight international crimes; they need to be enforced by national legislation, which is one of the most important aspects of a state's sovereignty over its territory. The issues of criminalization and punishment are matters of legislative interference; therefore, if international conventions are the indirect forms of criminalization and punishment of international crimes, the national laws are the direct …

The Criminal Complicity An Analytical Study According To The Roman Law, Elsayed Ahmed Badawy

UAEU Law Journal

The focus of this study is on the criminal complicity in the Roman law. The study is divided into three chapters. In Chapter One, we discuss the moral criminal complicity, while Chapter Two covers the material criminal complicity. Chapter Three explains the provisions provided in this law, concerning the accomplice liability and the punishment consequences that the accessory accomplice is subject to because of his association with the principal accomplice in committing the crime. The main conclusion of this paper is as follows:

1. The Roman penal legislations had confronted the criminal complicity because of its criminal seriousness, although this was …

Guarantees Of Arrest Before The Prosecutor In Accordance With The Amended Code Of The Criminal Procedure # 19 (2009) Of Jordan, M’Amoun Abu-Zeitoun, Moayyad Mohamed Al Qudat

UAEU Law Journal

According to the Jordanian Procedural Criminal Code No 19 year 2009, several conditions are required for legal detention. These include interrogation of the suspect after the commission of a felony or a misdemeanor, the existence of material evidence which ties the suspect to the alleged crime. And for the purpose of exploring such conditions, the paper is divided into two sections. In the first section, the conditions relating to the interrogation and evidence are dealt with, and the second section explores the conditions concerning the type of crime. Concerning the criminal interrogation, it was shown that such procedure is not …

Penalty For Public Benefit In The Algerian Legislation, Bassim Shehab

UAEU Law Journal

The work for public benefit is one of the alternative systems of punishment which is adopted by some legislation, including the Algerian legislator by Act. No 01-09 issued on 25/02/2009 amending the penal code, and this system which is called by the Algerian legislature “penalty", represents an important turning point in punitive policy, as for the first time the work is done by sentencing. This system has many of advantages particularly with regard to the alleviation of the problems of penal institutions. Furthermore, it provides more funds and efforts. The application of penalty “work for public benefit " cannot be …

Drafting Methods Of Criminal Legal Texts, Nofal Ali Alsafw

UAEU Law Journal

Criminal law is closely related to the other branches of Law for the sake of achieving the objectives of the legal system .The preparation and drafting stage is the most important stage of the legislative process. In fact, every mistake in the drafting leads to a legislative error, which in turn leads to a judicial error. Therefore, Criminal text must be devoid of any shortages, ambiguity or error, as the development of legislation to address all people of different cognitive levels and cultural backgrounds. It is imperative to use simple wording that is easy and clear to all. "The language …

System Of Electronic Surveillance In The French And Comparative Law French And Comparative Law, Dr Ramy Metwally El-Kady

UAEU Law Journal

The Topic of Electronic Surveillance is one of the modern topics in the field of criminal justice, accounting to the using of modern technologies in the field of implementation of criminal penalties by replacing short-term imprisonment penalties with home detention or restricting the freedom of the person at his home through the use of techniques of electronic surveillance.

This system has proved a success in many developed countries during the treatment of the problem of the negatives arising from the implementation of sanctions of deprivation of liberty in prisons, that some people see it as the corrupt environment that does …

Conditional Release A Comparative Study Between The Egyptian, The Uae, And The French Laws, Ahmed Farooq Zaher

UAEU Law Journal

The rehabilitation of the convicted person is the goal every punitive system seeks to combat criminal phenomenon and prevent its recurrence, Conditional Release is a means available to the community to achieve this goal, which urges convicted on good behavior inside the prison, hoping to shorten the deprivation of liberty and punitive treatment necessary, especially during the remaining period of the sentence in order to avoid the negative effects of the sudden transition from deprivation to restrict freedom and help them reintegrate the society. However, these objectives will not be achieved unless the legal regulation of parole has some flexibility …

Guilty Plea Agreements In The United States Of America: Study The Possibility Of Their Application In The State Of Kuwait And The United Arab Emirates First Section, Meshari Al-Eifan

UAEU Law Journal

In the first section of this study, this study reviews the concept of Guilty Plea Agreements. In addition, this reviews the conditions of validity of these agreements in light of constitutional and legal terms.

Guilty Plea Agreements In The United States Of America: Study On The Possibility Of Their Application In The State Of Kuwait And The United Arab Emirates, Meshari Al-Eifan

UAEU Law Journal

The second section of this study, it reviews the possibility of the application of the Guilty Plea Agreements in the Kuwaiti and UAE legal systems.

The Legal Framework For The Participation Of The Victim During The Preliminary Investigation Procedures: A Comparative Study Between The Jordanian And The Emirati Laws, Dr. Moayed Al-Qudah, Dr. Mamoun Abu Zeitoun

UAEU Law Journal

This paper is written to provide an evaluative, critical, and comparative study of the role of the victims of crime during primary criminal investigation under both the criminal procedural laws of Jordan and United Arab Emirate. It aims to suggest changes to the victim’s role, expectation and extent of positive involvement in criminal proceedings during primary criminal investigation. To achieve this goal, the paper explores the current state of law in both laws on the victims’ rights during this stage of the criminal case, and it goes on to discuss some changes that should be made for the justice system …

Aspects Of The Penal Protection On The Right Of Defense Before The Investigative And Judicial Authorities: A Comparative Study, Dr. Abdulaziz Al-Hassan

UAEU Law Journal

The right of defense in front of investigation and justice authorities is part of the right of litigation that is assured by constitutions, national laws and international treaties. It is one of the pillars of fair trial because it is an original natural right. The rights of defense are not only to the accused person but they are so for each person having the status of a litigant in front of investigation and justice authorities whether in a penal , administrative , commercial and sharia case and whether this litigant is a physical person or a moral one. The legislator …