|
Document Type |
: |
Thesis |
|
Document Title |
: |
Legal Limits to the Role of the Prosecutor General in International Criminal Court Statute "Comparative Study with the Saudi Criminal Procedure System" الحدود القانونية لدور المدعي العام في نظام المحكمة الجنائية الدولية "دراسة مقارنة مع نظام الإجراءات الجزائية السعودي" |
|
Subject |
: |
Faculty of Law |
|
Document Language |
: |
Arabic |
|
Abstract |
: |
The Prosecutor General is the voice of the right of the community; he seeks to realize the right and punish the offender. The difference in systems from one state to another in organizing criminal proceedings is followed by a difference in the powers of the Prosecutor General from one system to another and on a wider scale. The Prosecutor General in International Criminal Court Statute has different powers as he works for the attainment of international criminal justice given the nature of the jurisdiction of the court in dealing with certain international crimes. The problem of the Study is to ciarify the role of the Prosecutor General of the International Criminal Court by highlighting the Court, its composition and jurisdiction, and the powers of the Prosecutor General in the criminal proceedings of the case at the stage of investigation, prosecution and appeal, and comparing them with the role of the Prosecutor General in the national courts, as it is called in most internal regulations, to find out the similarities and differences between them and to try to address the deficiencies, if any. This topic has not received sufficient studies despite the importance of incursion into international criminal justice, because of the widespread of International crimes nowadays that undermine the security of international community.
The study has follow the comparative approach as it deals with the powers of the Prosecutor General in criminal proceedings for prosecution under the Statute of the International Criminal Court, and the Saudi Code of Criminal Procedures, and UAE and Egyptian legislation.
The study has reached several results, the most important is the priority of jurisdiction for the national jurisdiction over the International Criminal Court except in specific cases, the agreement of the Office of the Prosecutor General of the International Criminal Court and the Public Prosecution in the Kingdom of Saudi Arabia on the principle of independence; and that the Statute of the Court authorized broad powers to the Prosecutor General like having the power to conclude agreements with States to cooperate with him. He has the power to infer and the power to investigative, but such powers are restricted by the Pre-Trial Chamber. Moreover, he has the power of prosecution and the appeal of and review judgements. The Code of Criminal Procedure authorizes the investigator to conduct proceedings, and the Prosecutor General has a role in some of its procedures as a prosecuting authority and he also has the power to prosecute and appeal, review, overrule and re •examine judgments.
The study recommends that intentional legislators emphasize their cooperation with the Prosecutor General of the International Criminal Court and not to slow the pace of investigation on their territory. It advises the Saudi regulator to develop the investigator's training programs and psychological courses on a regular basis and recommends that public prosecutors and lawyers to raise awareness about the procedures through media and social networking, and in universities and schools. |
|
Supervisor |
: |
Dr. Mohammad Hameed Al. Mazmoumi |
|
Thesis Type |
: |
Master Thesis |
|
Publishing Year |
: |
1440 AH
2019 AD |
|
Added Date |
: |
Wednesday, May 29, 2019 |
|
Researchers
| روان سعد القرني | Al-Qarni, Rawan Saad | Researcher | Master | |
|