This research deals with the subject of procedural legitimacy between the rights of the victim and the accused.
» The convergence of criminal procedures with the concept of rights of the victim is not that surprising, since the ultimate goal of criminal proceedings is to protect the rights recognized by international conventions and national laws to the victim as a human being. Since individuals are not allowed to resort to a private judiciary and the victims are denied the right to retaliation, the State undertook the commitment to enforce justice in society and to ensure its fair distribution to citizens. It is a commitment that is fulfilled through prescribed rights for individuals legally and enforceable practically.
If society is interested in retribution and the punishment of offenders, when found guilty, to ensure the protection of the rights of the victims of crime, the punishment should not be enforced against the innocent. Therefore, the final investigation assures the coordination between the interests of society of being protected from crime and the rights and freedoms of the victim. When this balance is achieved, it can be said that the conflict between the State’s right to enforce punitive measures and the right of the accused to individual freedom has become two sides of the same coin, as the punishment of the offender is the affirmation of individual freedom for the innocent person. But how can this be achieved?
The research will show through the clear delineation of the meaning of the victim of a crime, the historical roots of the term, and how it dealt with the concept. Furthermore, the study shall deal with the substantive and procedural safeguards for the victim during the criminal proceedings with the importance of the victim's right to have the court launch its final investigation in this regard since the latter was developed as a safeguard for the accused. In addition, it will have the victim and his/her heirs to obtain compensation for damages promptly, fairly, and least costly. As explained, the importance of causality of the verdict of innocence in favor of the accused is a guarantee of the right of the victim with a right of appeal against the judgments of acquittal further to the role of Islamic law in the protection of the victim’s right.
The study will endeavor to answer these questions by dividing it into four sections: Section I: Definition of the victim and the accused. Section II: victims ' rights in Islamic legislation. Section III: the legitimacy of criminal procedure and its impact on the right of the victim. Section IV: the legitimacy of criminal procedure and the rights of the accused and the researcher concluded some findings and recommendations that would ensure substantive and procedural protection to the victim during the criminal trial procedures and even in the phase of punitive implementation.
Hamid, Khalid Mustafa
"Procedural Legitimacy between the Rights of the Victim and the Accused,"
Journal Sharia and Law: Vol. 2015:
61, Article 4.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2015/iss61/4