Jurisdictions of Judicial Seizure Officers At the Various Stages of Evidences within the Federal Penal Procedures Law No.35 of the Year 1992

Authors

Abstract

The writer discussed in Chapter I the definition of evidences explaining their meaning, types, importance and restrictions on searching for them.

In chapter II he wrote about the stages of evidence collection and procedures to be followed via Judicial Seizure Officers, stating that the proofing power of an evidence goes into three stages, i.e. suspicion, availability of sufficient evidences and physical involvement. Each stage has its own procedures to which the writer assigned a separate research.

The most important conclusion reached by this research is a recommendation to amend para (2) of Article 33 of the Federal Penal Procedures Law to restrict the jurisdictions of judicial seizure only to officers and noncommissioned officers, thus excluding the ordinary policemen. This is based on the fact that the competence of the seizure officer is the best security to safeguard procedural legitimacy that finally means no charge to innocent and no innocence to guilty. He also recommends the amendment of Article (47) of the same law to allow judicial seizures officers a period of twenty-four hours for arrest instead of forty-eight hours as, the accused can be presented to Public Prosecutor without any obstacles for release or continuation of imprisonment, due to the advanced communication and transportation methods.

Recommended Citation

(1999) "Jurisdictions of Judicial Seizure Officers At the Various Stages of Evidences within the Federal Penal Procedures Law No.35 of the Year 1992," UAEU Law Journal: Vol. 1999: No. 12, Article 3.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol1999/iss12/3