Abstract
The Jordanian legislator amended the text of Article 31 of the Code of Criminal Procedure by amendment of Law No. 32 of the year 2017. Where the legislator was in favor of this amendment, where the second paragraph of the text of the amended article which states (and whoever violates this prohibition is arrested, he is then referred to the magistrate for trial). If the amendment is found to be contrary to the judicial officer, is transferred to the magistrate, While the legislator in accordance with the old text gives the prosecutor the right to arrest, which is sometimes arbitrary, and waste the rights of individuals and deprive them of their freedoms, if the Jordanian legislator by amending this text is successful, to protect freedom from aggression.
Highlights
To facilitate the work of the justice officers and protect the rights of citizens which was guaranteed by the Jordanian Constitution, and to bring the perpetrators of crimes to justice, and judiciary to reduce these phenomena that the make citizens feel insecurity, the legislator has taken a sound approach in cases of recognizable offense
In accordance with article 22 of the Code of Criminal Procedure of Jordan, stipulates that if the officers of the judicial police are limited to the tasks entrusted to them, the prosecutor shall organize the investigation into the case and submit it to the Attorney General, who shall refer it to the competent prosecutor or the competent court, as appropriate, to perform the legal requirement (11)
Because, according to the old law, the judgment in such cases was considered not subject to appeal, while the Jordanian legislator deleted the fifth paragraph of the amended article which was stating that the judgment rendered in such cases is not subject to appeal in all cases, this is considered to be contrary to the Jordanian constitution, which is a citizen's prerogative which allows for the right to litigation, and that the courts of all degrees are open to citizens
Summary
The criminal offense is considered one of the most serious crimes that concern the society, the security apparatuses and the competent judicial authorities, in view of what is left in the hearts from deep impact, the legislation provided special and exceptional measures that impede the speed of movement to reach optimal results by arresting the perpetrator before leaving the scene of the crime, and before he can get rid of his crime and impunity, and in order to reach evidence before its disappearance and disintegration, and hearing witnesses before forgetting or influencing them to prevent them from reporting what they saw, things will become more complicated and it will be difficult to detect the crime and the perpetrator. Most legislations seek to identify the procedures and actions that the justice officer can take in such cases. This is considered from a type of development of legislative progress, which is always aimed at protecting communities and providing security to citizens. The Jordanian legislator is going on in full swing in achieving the desired objectives of the Penal Code, as well as the Code of Criminal Procedure. To facilitate the work of the justice officers and protect the rights of citizens which was guaranteed by the Jordanian Constitution, and to bring the perpetrators of crimes to justice, and judiciary to reduce these phenomena that the make citizens feel insecurity, the legislator has taken a sound approach in cases of recognizable offense
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