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An-Najah University Journal for Research - B (Humanities)

Abstract

There is no doubt that the criminal judge enjoys a wide discretion when weighing the evidence and determining the extent of its strength when forming his certain conviction, whether it is related to the evidence concluded by the accusing authority or what was raised before the court in the case. However, the reader of the legal texts cited by the Palestinian legislator in procedural law that talk about the freedom of the criminal judge to be convinced; notes the extent of its generality and its lack of a general framework that shows how limited that freedom enjoyed by the judge really is. The authenticity of the case papers referred to the court, in which the minutes of collection of evidence are an essential part. From here emerged the main problem of the study, which centered on the extent of the impact of the judicial seizure reports referred to the criminal judge on his personal conviction and whether they serve as a basis for him in issuing his judgment, especially since there are some special laws that have given these records varying authority in proof. According to the nature of the crimes related to it and the limits of the jurisdiction of its organizers and the extent of their powers. After conducting an analytical comparative study of the texts of the relevant Palestinian and Lebanese laws, it appears that some of the records of collecting inferences are authoritative. Which means that this requires the court to take them unless proven otherwise, or proven to the contrary, but it is one of the records that must be worked with unless it is proven to be forged, which requires the court to take even if they violated their convictions in the case, and without the right to discuss it. There is another type of records with relative authenticity where the court is free to accept or reject them, which does not constitute a restriction on the judge’s freedom of conviction, as they are nothing more than just ordinary information, which is taken as a matter of appeal.

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