Investigation and Arrest in the Criminal Law of Palestine: A Comparative Study

Abstract

Arrest is on of the most serious investigation procedures exercised by

the entity of investigation where it constitutes a restriction on the individual

liberties, being without decisive verdict issued by allegation against the

prisoner.

Therefore, the Palestinian legislator has worked to support it with

a series of formal and objective guaranties to make the required balance

between the interests of the investigation which led to take this kind of action

and the interests of the protectively detainee.

In order to take these controls and guaranties into account, we

extrapolated the provisions of the Palestinian criminal procedure No. 3 of

2001, and the provisions of some of the relevant comparative laws, most

notably the law of criminal procedure of Egypt and the law of Jordan’s

criminal procedure, with views from time to time on some of the comparative

legislations in order to demonstrate the effectiveness and adequacy of those

controls and guaranties in the protection of the detainee against the abuses

of the competent authorities.

We concluded at the end of the research the presence of many of the

observations and criticisms of the provisions of the Palestinian criminal

procedure law and the comparative law related arrest, and we tried to

demonstrate the positive aspects of the comparative legislations to be

submitted in the form of recommendations and proposals accessible to the

Palestinian legislator for use in any future modification of the provisions of

the criminal procedure law regarding arrest leading to better controls and

stronger guaranties.