ذاتية جرائم الخطأ القضائي

Abstract

Judicial errors in criminal judgments are a serious phenomenon that undermines the cornerstone of judicial work, and eliminates the right of litigants to a fair trial, because they have negative effects on the validity of criminal sentences, and make them subject to criticism of the higher judicial bodies (Federal Court of Cassation / Court of Cassation) because those errors The penal provisions lose their legal status as being enforceable after their announcement, which makes them vulnerable to cassation and thus erasing their executive effect. Thus, we will show through this modest research what crimes arising from error and distinguish between them, to identify the causes of error and try to find ways to reduce the crimes of sin, to maintain the reputation of the judiciary as a means of law in the application of its provisions on the one hand, and to preserve the rights of constitutional opponents on the other. And to strengthen their confidence in the judiciary On the other hand, and accordingly, the judicial error constitutes an infringement on the rights of individuals and results in harm to them, which makes them compelled to challenge the wrong criminal judgment, and the competent judicial authorities to limit the effects of the damage arising from it, and accordingly we will go into details of the criminal crimes arising from the wrong criminal judgment, as well as research In the subjectivity of these crimes, to establish a meaningful model from which we should distinguish.