Date of Award

5-2017

Document Type

Thesis

Degree Name

Master of Judicial Studies (MJS)

Department

Public Law

First Advisor

Dr. Abuwafa Muhammed Abuwafa

Second Advisor

Dr. Ali Mahmoud Ali Hammoud

Third Advisor

Dr. Buthi Sulaiman Al Muhairi

Abstract

This study has dealt with the role of the public prosecution in the implementation of the criminal judgments issued by the judiciary, which are covered by the imposition of criminal sanctions against the sentenced persons, and indicated that the stage of penal execution is a very important judicial process of the justice system.

The implementation procedures often involve coercive measures, which would affect the rights of the sentenced persons. The legislator therefore took a number of guarantees that provided for certain mechanisms for their implementation, in order to ensure that such rights were not infringed or violated, except as provided by the law. The study concluded that the penal implementation is a judicial process that is subject to a specific legal regulation, and is stipulated by the legislator. It falls within the authority of the public prosecution and its powers, because there are many legal rules governing the work of the public prosecution in implementing these sanctions.

This study was preceded by a number of recommendations. The most important of these recommendations was the necessity of the federal legislator adopting the deferred implementation rule for the sanctions, and the need to fill the legislative deficiency in the implementation procedures, which would obstruct the role of the public prosecution in carrying out its duties in implementing the judicial decisions issued in criminal penalties.

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