The Faculty of Graduate Studies awarded the researcher Abd Alellah Hasan a Master’s Degree in Criminal Law in response to his thesis entitled “Guarantees of the Right to Privacy in the Procedural Stages of Palestinian Criminal Law”.
This thesis deals with the issue of guarantees of the right to privacy in the procedural stages of the Palestinian criminal law and compares it with other criminal legislation, such as Egyptian and Jordanian. The Code of Criminal Procedure is one of the most important laws enacted by the state, because it infringes the right to privacy and personal freedom. The study clearly highlights the protection of the right to privacy, personal freedoms and the maintenance of human rights, which necessarily necessitates a balance between individual freedom and public interest.
This thesis deals with the right to privacy as one of the fundamental human rights. The fact that privacy is one of the basic constitutional rights inherent in a natural person is the basis for building a healthy society. Arab societies are keen to guarantee this right and regard it as a separate right. The researcher devoted the first chapter to talk about the right to privacy through two topics: The first was to protect the personal freedom in the right to privacy, through the statement of the concept of private life of the natural person in the first section, and the concept of private life of persons In the second chapter, in which we discuss the aspects of the right to privacy related to the physical entity in the first demand, referring to the crimes of murder in the first section, and the crimes of abuse In the second section, and the crimes of kidnapping in the third section, and then talk about the manifestations of the moral entity in the second demand, which dealt with four sections namely the sanctity of the house in the first section, the secrecy of correspondence in the second section, honor crimes in Section III, We will end this requirement by talking about the crimes related to information crimes in the third demand, which dealt with the crimes of informatics in the first section, and the position of legislation violation of the right of privacy in the information framework in the second section.
In the second and last chapter of this thesis, the researcher devoted himself to discussing the protection of the right to privacy during the preliminary investigation stage in his first topic. He addressed the statement of the intention to stop by defining it and talking about the guarantees of the right to privacy during the period of suspension and distinguishing it from similar terms in section 1, And then talk about the concept of arrest and guarantees of privacy at this stage in the second section; then go to the researcher's second demand, speaking about the concept of arrest in the first section and guarantees of personal freedom in the arrest phase in the second section.
And then talk in the second section, which was devoted by the researcher to talk about the guarantees prescribed during the inspection in the first demand, which addressed the talk of the concept of inspection and guarantees of privacy in the first section, and talk about sanctions resulting from violation of inspection in the second section, and then talk about the safeguards control communications and conversations In the second requirement, in which he dealt with telephone call control safeguards in section I, and special correspondence control guarantees in section II.
The researcher concluded his last chapter with a third section devoted to the basic guarantees related to the investigation of the first demand. In this application he dealt with three branches, namely, impartiality of the investigator in the first section, the secrecy of the investigation procedures in the second section, Talk about the protection of personal liberty during the investigation phase of the second demand, where he addressed the concept of interrogation and guarantees of personal freedom during the interrogation phase in the first section and the protection of personal freedom during the hearing of witnesses in the second section.
The researcher concluded his dissertation with a conclusion that included the most important findings and recommendations of the researcher, and to arrive at the best results and the most accurate recommendations and to provide a thorough study of the objective and procedural details of all the details, where the researcher followed a rigorous scientific approach, through the analytical approach to the legal texts related to the subject of the thesis, (3) for the year 2001 and the procedural laws in other criminal legislations, striving to interpret them accurately and analyze them to derive what is inherent in them. Hence, the researcher followed the comparative method by comparing the legal texts together some of them to find out which more precise in the wording and meaning.
The committee consisted of: Dr. Nael Taha as a main supervisor and Chairman, Dr. Abdelatif Rabaya as a second supervisor, Dr. Fadi Rabaya as an external examiner and Dr. Mohammed Sharaqa as an internal examiner.
At the end of the session, the committee approved the success of the researcher and recommended him a Master’s degree.
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