Rights of the arrested in the Jordanian Code of Criminal Procedure

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Most legislations entrust judicial police officers with the duties of investigating crimes and preliminary research by proving the commission of the crime, searching for its perpetrators, and collecting the necessary evidence proving its occurrence and attributing it to him.[1] Article 1/8 of the Jordanian Code of Criminal Procedure and articles 14 and 17 of the Code of Procedure provide these judicial police officers responsible for receiving French criminal complaints and reports set out the functions, investigation of crimes, collection of evidence and search for perpetrators of such crimes.2  Moreover, the Jordanian Code of Criminal Procedure and its French counterpart have exceptionally granted these officials the authority to investigate the first instance within legal controls and limitations, as is the case in the cases of the Tomb of the Sanctuary[1]. Article 73 of the French Code of Criminal Procedure allows judicial officers to arrest the perpetrator of a crime if the sanctuary is a felony or a misdemeanour punishable by imprisonment.2 Article 46 of the Jordanian Code of Criminal Procedure obliges judicial police officers in the event of a flagrant offence or as soon as requested by the owner of the house to organize the seizure paper, listen to the statements of witnesses, conduct investigations, search homes and all other transactions that are the functions of the Public Prosecutor, all in accordance with the formulas and rules set forth in the chapter on the conduct of the functions of the Public Prosecutor. Arrest, as one of the investigative procedures carried out by judicial police officers on an exceptional basis, is nothing but a restriction of a person's freedom and exposure to him by arresting and detaining him, even for a short period, in preparation  to take some action against him.

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