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

Abstract

This study aims to clarify what is meant by accelerating the suspension of execution as well as to unearth the conditions of the moratorium necessary for the court to respond to the request. The study also aims to clarify the legal nature of both the request of the moratorium and the ruling issued in respect as well as the effects of its ruling. The research problem refers to the fact that the subject it addresses has not received the attention of the Palestinian legislator as expected especially when he referred to it in the implementation law which stipulated the right to request to halt the execution without stating the details and procedures for its use or clarifying the legal nature of the request for any conciliation or appealing against any ruling issued thereof. Thus, the study addresses several questions related to the legal organization of the halting request. In the study, the descriptive, analytical approach has been used. It has been concluded that this guarantee is one of the most important steps established in favor of the person sentenced to expedited execution and that the court has wide a discretion in responding to the request or not. The legislator has not clarified the legal nature of halting request or the ruling issued therein. Nor has he explicitly stated the probability to appeal against it.

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