البدئل الحديثة للدعوى الجنائية التقليدية دراسة مقارنة
The new alternatives for criminal prosecution takes an important position in the comparative legislations to face the pressure on courts, also these alternatives consider the principle of reconciling between fast justice and the shortness in formal procedures. Therefore, this study aims to solve...
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| Summary: | The new alternatives for criminal prosecution takes an important position in the
comparative legislations to face the pressure on courts, also these alternatives consider
the principle of reconciling between fast justice and the shortness in formal
procedures. Therefore, this study aims to solve the problem of imbalance between the
effectiveness of criminal procedures and preserve individual guarantees between the
parties involved in the criminal prosecution. In particular the victim because they are
the forgotten party and the establishment of criminal justice under the legislation and
Libyan criminal law, which is the aim of this study by identifying the alternatives for
Criminal prosecution as a new procedural system aims to show the level of
effectiveness of this systems in achieving criminal justice and contributing to
overcome the crises of criminal justice as well as highlighting the importance of
community participation because it is parallel with new criminal policy in an attempt
to develop a model that can be implemented in the countries of the Arab World that is
compatible with its Islamic trends and Sharia. The researcher used the analytical
method and comparative approach to trace the origins of this system and the analysis
of legal and the legitimate texts and then conduct a comparison between them. The
researcher found that the shift from the criminal procedure and finding modern
alternatives in managing criminal justice is very important and one of the necessities
of criminal policy due to the strength of its bases and justifications, and how the will
opponents takes an important role in deciding the criminal prosecution, and this is
according to the consensual principle which many alternatives of criminal
prosecutions are based on such as conciliation. In this study the extent of the authority
that gave the legislator entrusted to investigate the termination of criminal proceedings
based on the compatibility as a principle for other alternatives, which are represented
in criminal issues. The researcher recommends that the application of those
alternatives with the support of the judiciary to raise them to a level of judicial rulings,
also it is important to abandon even partially the regulations that are not effective
anymore to face an important part of crimes, which is based on militancy both in
terms of the expansion of criminalization and severer penalties, and to replace them
by simple procedural methods that contribute to finalize the prosecution and managing
it in a simple way that reduces the pressure on the management of criminal justice. |
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