The impact of criminal association in the rules of jurisdiction

Authors

  • Huda Hatif Mudher Author
  • Helen Majid Karim Author

Keywords:

extension of jurisdiction indivisible link ordinary jurisdiction referral Simple correlation

Abstract

There is no doubt that the decision to refer a criminal case is one of the aspects of disposing of the preliminary investigation, as it is issued by the competent authority for the investigation, and by its issuance, the case is removed from the possession of the investigation authority and enters the possession of the competent court’s jurisdiction, and thus the authority of the competent authority to investigate ends so that the court becomes the competent authority to consider the case, There is no difficulty in determining the competent court to examine the cases arising from the true multiplicity of crimes, but there may be a link between these cases that pays one court to investigate and decide them together with a single ruling, obligatory or permissible, depending on the strength of the link, because the examination of these cases before more than one court breaches the proper determination of Especially when they are related, As this link reflects the overlapping of evidence, the overlapping of the pillars and elements of the crimes, and the influence of the legal status of the accused with each other sometimes, and this would lead to avoiding the issuance of contradictory judgments between the different courts, and in addition to the above, this works to reduce time, effort and expenses, and this The considerations largely justify the necessity to combine these cases and refer them to a single court, Therefore, he set the principle of extension of jurisdiction for the judge to consider a crime that is not within his jurisdiction according to the general rules.

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Published

2022-01-01

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Section

Articles