Res judicata of criminal judgement before the civil judge: A comparative between Jordanian legislation and Syrian legislation

Abstract

This research dealt with the claim preclusion “ res judicata” of criminal judgement before the civil judge. As a comparative study between the Jordanian legislation and the Syrian legislation. It is known that penal legislation has decided the rule of res judicata against the civil case before the civil court. In the case of a civil case, a criminal judgment may be issued in the criminal proceedings, and the criminal judgment has res judicata that the civil court is obliged to respect it and not to judge contrary to final decision, whether the issued judgment was acquitted or the conviction as long as the civil action was not finalized . This study aims at discussing this subject in comparison between the Jordanian penal legislation and the Syrian penal legislation and to try to stand on the similarities and differences between them on this significant issue. The researcher used the descriptive approach by extrapolating the texts governing the title of the study in the legislation which are the Syrian legislation and the Jordanian legislation. The researcher used the analytical method by using the logical analysis of the texts of the legislations in order to extract the rule of matters in which has no specific text, issues that are subject to ambiguity and disagreement through multiple jurisprudential readings and legislative texts. The study was divided into sections ;an introduction and two topics. The first topic: What is res judicata “claim preclusion”? The second topic: The implications of the res judicata of the criminal judgment before the civil judiciary. The study reached many conclusions and recommendations, including: Authenticity is a kind of refrain enjoyed by the ruling, which is considered by virtue of including a presumption that does not accept the contrary decision in terms of its form and subject, it is the title of the truth, and the most important direct effects of res judicata before the civil judiciary is the following: It is not permissible to look into the issue of criminal judgment again before the civil court and it is not permissible to re-examine the subject of a complaint to give a check that does not receive a balance before the civil court after the criminal court decided by a final penalty. Key words: Res judicata , criminal judgement, authenticity of criminal judgment DOI: 10.7176/JLPG/88-27 Publication date: August 31st 2019