Jurisdiction of the Court of Cassation in accordance with the Jordanian penal legislation

Abstract

 This research discusses the issue of the Cassation Court jurisdiction according to the Jordan Penal Legislations; particularly as cassation is an extraordinary method of contesting which is intended to exercise some type of control over implementation of the law، thereby leading to unify the legal principles applied by the Courts. It is necessary for the study on challenging cassation to address the conditions of challenging cassation both in terms of subject matter and form. Then we explained the impacts of challenging cassation، judgment thereon، and Cassation Court's authority to look into challenging cassation. Yet، we highlighted the Jordanian Judiciary's position towards the texts which elaborated on challenging cassation.

This study came to the conclusion that it is necessary for the Jordanian lawmaker to re-consider Article (270) of the Penal Procedures Rules in the sense that this article will be re-worded to cope with cassation of misdemeanors in conformity with comparative legislations

Opening Statements:

1. Jurisdiction: It is the Abstract Power to begin the Litigation Procedures and through which draw the Limits of Competency for each Court.


2. Jurisdiction: It is the Authority by Law for the Court to determine (judge) in a certain case.


3. Appeal of the Judgment: A group of procedures aiming to  Re-launch  the Proceeding on the Judiciary in order to estimate the value of the ruling in itself, and if it is upheld or to be repealed or amended.


4. Voidness:  It is a penalty consequent failure of some or all of validity of conditions of the penal procedure.


5. Attorney General: Is the judge heads the Public Prosecution in each court of appeal, supported by a number of assistants.


6. Plaintiff for a Personal Right: Is anyone who claims that the crime caused him personal and direct harm, and it is not required the Plaintiff to be the victim.


7. Prevention of the Trial: To cease follow up the case against the Defendant and stop the progress of procedures for legal reasons identified by the Legislator.


8. Decision of Suspicion (or Accusatory): It is the decision in which the Attorney General refers the Defendant to the Court if he finds that the act constitutes an offense of misdemeanor.


9. Decision of Indictment: It is the decision in which the Attorney General refers the Defendant to the Criminal Court of Competence if he finds that the act constitutes a Criminal Offense.