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Constitutionality Use of Arrest Powers at the Pre-Charge Stage in Jordanian Criminal Procedure: Critical Analysis.

Authors :
Azam, Sadam Abu
Alfattah Elfawair, Odai Turki Abed
Source :
Pakistan Journal of Criminology; Dec2024, Vol. 16 Issue 431, p977-988, 12p
Publication Year :
2024

Abstract

Only in exceptional circumstances should one use a detention decision, as it is a serious matter. Authorized bodies such as the primary investigation authority and the relevant court issue detention decisions. While there are justifications for detaining someone, it does restrict the defendant's freedom and goes against the presumption of innocence. This study examined the purposes and justifications for detention, along with how the Jordanian Code of Criminal Procedure handles it. The study discovered specific reasons and justifications for detention, despite it being a temporary restriction on the freedom of an accused person without proven guilt. The Jordanian legislator outlines these in Article (114) of the Code. The study also found no conflict between detention and the presumption of innocence. The presumption of innocence is a principle of proof, meaning the burden of proving guilt lies with the prosecution. It doesn't guarantee that a detained person is innocent. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
20742738
Volume :
16
Issue :
431
Database :
Complementary Index
Journal :
Pakistan Journal of Criminology
Publication Type :
Academic Journal
Accession number :
181180738
Full Text :
https://doi.org/10.62271/pjc.16.4.977.988