Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Presumption Of Conviction In Criminal Legislation: A Comparative Study, Mohamad Nawaf Alfawareh
The Presumption Of Conviction In Criminal Legislation: A Comparative Study, Mohamad Nawaf Alfawareh
UAEU Law Journal
It is known that the accused is innocent until proven guilty by a final judicial decision providing that the claimant submits evidence that he/she is innocent. The above comes as a result of the presumption of the innocence principle that is applicable in most international and national laws. However, the former principle is not absolute; the comparative criminal legislation created an exception to this principle which is designed to exchange roles and make some of the burden of proving the facts rest with the defendant, in the sense that the accused is convicted until he proves his/her innocence and this …
Compensation For The Damage Resulting From Preventive Detention When There Is Evidence Of The Suspect's Innocence: A Comparative Study, Tail Mahmoud Aref
Compensation For The Damage Resulting From Preventive Detention When There Is Evidence Of The Suspect's Innocence: A Comparative Study, Tail Mahmoud Aref
UAEU Law Journal
This study sheds light on the idea of Compensation for the damage resulting from preventive detention of a suspect against whom a decision has been issued to bring a criminal lawsuit or issue acquittal. The researcher has examined and reviewed the relevant legal texts of the French, Jordanian and Emirati legislations to clarify the concept of 'preventive detention along with its legitimacy, and introduce the general rules of torts and the conditions of compensation. This study, also, examines the extent to which a suspect may claim compensation against preventive detention, along with the legal reasoning behind it. The research findings …