Determinants and foundations of the subordination of the judicial police to the Public Prosecution in law (Jordanian)

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

The essence of the research and its goal is to study the dependency and problematic relationship between the judicial police and the Public Prosecution, and therefore it has become necessary to address the practical dimensions of this problem, and then review the legislative texts that determine the controls and limits for both the judicial police and the Public Prosecution in the exercise of each authority of its competence will not find the researcher seemed inevitable from addressing the jurisprudence of the Court of Cassation in this context. To complement the above, the legislative conception of the reality of dependency proceeds from the following pillars: (1) The task of the Public Prosecution is to illuminate the path of justice and not the path of conviction, and therefore its intervention in the criminal litigation is intended to monitor the proper administration of justice, regardless of the conviction or acquittal of the accused, as it is not a personal opponent in the case, and therefore the Public Prosecution performs a task that involves a great social responsibility represented in protecting the social and legal system that has been disturbed by the commission of the criminal incident. (2) Reciprocal relations should be continuous between the Public Prosecution and the employees of the judicial police, and there must be good link between them, and participation in the work, - under the management of the Public Prosecution, in order to unify the joint efforts between them in order to reach the offender and reveal the truth that the nature of the relationship between the Public Prosecution and the judicial police is the relationship of subordination.

Keywords