سلطة التحري وأساس حق المتهم في الحماية الجنائية

Abstract

When a crime is committed، the public authorities know about the crime that allows the investigation authority، which is represented by members the judicial police is to investigate and detect the crime and search for evidence related to it and resulting from it and the perpetrators and the circumstances surrounding it. Also، the work of members of the judicial police in this stage is sometimes in isolation from the oversight by a member of the Public Prosecution، especially that the crime is witnessed and committed، and the news of its commission has not yet reached the knowledge of the authorities. Even if we admit، for the sake of argument، that this control over these actions may be subsequent when presenting these procedures previously carried out by members of the judicial police against the member of the Public Prosecution، including those the procedures are in the investigation report prepared by them.

After the end of the investigation stage، the investigation stage begins، which is carried out by the judicial authority represented by the investigating judge and the investigator، and here the  beg the criminal case begins to appear، as the previous stage، i.e. the investigation stage، is not related to the criminal case it is not a part of it، but it is considered a stage of preparation and preparation for the criminal case، with the evidence and presumptions it provides the investigating judge in issuing his decisions regarding the criminal case، using those evidence and what other evidence he also had obtained during the investigation stage. Here the presumption of innocence enjoyed by the accused must be used to refute these feeble and weak evidences that do not amount to remove this evidence from the accused. The evidence must be of strength and consistency in proving the charge against the accused in order to lift the presumption of innocence available in the accused. This presumption is the basis for the right of protection granted by law to the accused