موقع العمل الاجرائي الجنائي من مبدا الشرعية- دراسة تحليلية وصفية -

The Position of Criminal Procedural Action from The Principle of Legality: An Analytical Descriptive Study

The Organized Political community aimed to protect the rights of public and freedom for their citizens and seeks enactment of legislation and issuance in a manner that achieved the rights and freedoms of individual sand holds dear and protection announcement although the imposition of the penalty against those who violate them. Therefore, the Constitution guarantees individual freedoms and preserve for members of the Slate judiciary while guarded by imposing the penalty against those who exceed them, notably freedom of movement and freedom of residence, freedom of opinion and expression and the right to confidentiality and the right to property and others. So the criminal proceedings, including the search, arrest and detention, interrogation and other would affect the rights and freedoms of individuals unless they agree to correct the procedural rules that govern them. Accordingly, the procedural legitimacy requires that criminal action should be coordinated with Provisions Rule that govern on the one hand and the Rule of Procedure are itself compatible with the rules of natural law and the provisions of the Constitution, on the other hand, Therefore, the legitimacy of the Criminal Procedure requiring that the rules, forms and templates procedural governing them should be compatible with die rules of natural law and consistent also with the constitutional provisions at the same time assumed to be taken against any action was legitimate, and this is fully harmony with Provisions Role of Procedure governing them, so it would not be in infringement on the rights and freedoms, so the legality of procedural action does not substitute the legitimacy of Procedure rule until we reach the ultimate the legitimacy of the procedural action.