ضمانات المتهم اثناء مرحلة التحقيق الابتدائي: دراسة مقارنة (في ضوء التشريعات الفلسطينية والنظام الأساسي للمحكمة الجنائية الدولية)

Abstract

Abstract

This study dealt with the guarantees to be granted to the accused during the preliminary investigation phase, as stipulated in the Palestinian Code of Criminal Procedure No. 3 of 2001 and its amendments. The extent to which they are compatible with the fair trial guarantees specified in the Statute of the International Criminal Court of 1998 and related to the same stage, to know the impact of these guarantees in providing fair trial procedures for the accused.

To achieve this, the researcher used the comparative analytical approach to identify these guarantees in domestic (Palestinian) and international legislation (Rome Statute). The researcher divided this study into two sections, where he dealt in the first section with the guarantees during the investigation phase in the light of the provisions of the Code of Criminal Procedure, and the second section was devoted to talking about the guarantees of the accused in the light of the Rome Statute during the investigation phase.

This study has reached a set of conclusions, the most prominent of which is that the Palestinian Code of Procedure included most of the rights, freedoms and guarantees enjoyed by the accused during the preliminary investigation phase found in the Rome Statute of the International Criminal Court. Also, there are many general rights for the accused during investigation in both the Palestinian Code of Criminal Procedure and the Rome Statute; there are guarantees related to the non-subjection of the accused to physical or psychological coercion, as well as guarantees related to the knowledge of the accused of the charge against him. As for the guarantees and the rights of the accused during interrogation, they are represented by his right to remain silent, as well as the right to legal assistance.