Compensation for the Damage Resulting from Preventive Detention When there is evidence of the Suspect's Innocence: A Comparative Study
This study sheds light on the idea of Compensation for the damage resulting from preventive detention of a suspect against whom a decision has been issued to bring a criminal lawsuit or issue acquittal. The researcher has examined and reviewed the relevant legal texts of the French, Jordanian and Emirati legislations to clarify the concept of 'preventive detention along with its legitimacy, and introduce the general rules of torts and the conditions of compensation. This study, also, examines the extent to which a suspect may claim compensation against preventive detention, along with the legal reasoning behind it. The research findings have shown the disparity among the legislations on the subject matter in terms of the compensation of the suspect against the damages of preventive detention after an acquittal has been issued, reflecting positively on the research’s results and recommendations. In conclusion, the French legislator has set specific rules for the compensation against the damages of preventive detention as explicitly stipulated in the Code of Criminal Procedures. Whereas the Jordanian and Emirati legislators stand in opposition to their French counterpart in that they do not explicitly mention the compensation, and their procedures are limited to re-trial and referral to the Cassation Court through written proceedings and a dispute claim against damages
Aref, Tail Mahmoud
"Compensation for the Damage Resulting from Preventive Detention When there is evidence of the Suspect's Innocence: A Comparative Study,"
UAEU Law Journal: Vol. 2015:
62, Article 5.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2015/iss62/5