Mohammad Nasr Khater

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Research

Research Title :Drafting an Appeal Petition for Jordanian Courts: Controls and Prohibitions

Authors : Hamzeh M Abu Issa, Saad A Meqdad, Mohammad Nasr Khater

Abstract :The study presents the stylistic of the judicial petition of appeal before the Jordanian courts, based on the terms and phrases used in the appeals submitted by some lawyers to the Court of Cassation and the Court of Appeal. In some of these appeals, there were inappropriate words and phrases that undermine the court prestige and respect, which violates the applicable controls and ethics in addressing the judicial body. Based on presented proven (real) examples, the study concluded by that these abusive words and phrases are wrong behaviors that lawyers should avoid, and improve their discourse style in order to preserve the prestige of the judiciary and respect its decisions. The study also concluded that the court has the right to liable the lawyer and hold him accountable for his use of such words and expressions, and sentence him if necessary, and that the lawyer must choose his words and phrases carefully without resorting to defamation or slandering in order to preserve the prestige of the law and those in charge of it.

Keywords : Drafting, Procedure law, Jordanian law, Judicial petition, Appeal.

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Research Title : The crime of counterfeiting or imitating a trademark under Jordanian trademarks law

Authors :Ma’en Juwaihan, Hamzeh Abu Issa, Mohammad Nasr Khater

Abstract :This paper critically analyzes the crime of counterfeiting or imitating trademarks under Article 37/1/a of the Jordanian Trademarks Law No. 33 of 1952 and its amendments. Recognizing a significant gap in the alignment of Jordanian trademark laws with international standards, the study aims to evaluate the effectiveness of current legislation in protecting trademark owners' rights and consumer interests. The importance of this research lies in the escalating instances of trademark infringement, which undermine consumer trust, hinder economic growth, and affect Jordan's compliance with international treaties. Employing descriptive, analytical, and comparative methodologies, the paper examines the material, moral, and subjective elements of the crime, explores jurisprudential and judicial debates on criminal intent, and compares Jordanian legal provisions with those of other jurisdictions. The study shows that, while Jordanian law prohibits the counterfeit of marks, it does not specifically protect well-known marks, and it is inconsistent in the presumption of intention to commit a crime. Moreover, the sentence for attempted trademark infringement does not align with the general principles of Jordanian criminal law. The study recommends that the Jordanian system should consider legislative improvements to ensure stronger protection for trademarks in Jordan. It will also advise to amend Article 37 to set provision for well-known trademarks and more delimitative provisions on criminal intent to conform to the dowry of presumption of innocence, enhance deterrent in penalties, and to be in line with penalty slow down to the international law practice. This paper seeks to address these gaps, contribute to the debate about the purpose of intellectual property rights, and provide suggestions for policymakers who are looking towards enhancing legislative protection from trademark infringement to promote increased economic stability and consumer safety.

Keywords : Trademark, Penal Law, Consumer Protection, Jordanian Law

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Research Title :Offence of Income Tax Evasion in Jordanian Law

Authors : Mohammad Nasr Khater

Abstract :This study sought to determine the panel liability of income tax evasion, and to clarify the legal provisions of the offence of income tax evasion in the Jordanian law, by analyzing the text of Article (66) of the Jordanian Income Tax Law, and clarifying its elements, and distinguishing between tax evasion and tax avoidance, after clarifying what income tax is, and the legal basis for the state's authority to impose it on taxpayers, as well as addressing the latest judicial rulings issued by tax courts, with the aim of understanding and analyzing the material and moral elements of the offence. The study concluded a number of conclusions, most notably: The Jordanian legislator alerted to the seriousness of attempting and criminal involvement in the offence of tax evasion on income, as he subjected this offence to punishment, in addition to the abolition of the prison sentence for the offense of income tax evasion for the first time committed in the Income Tax Law of (2018), where the legislator retained this sentence in case of repetition, but linked the value of the compensatory fine to the value of the evasion.

Keywords :Income Tax, Tax Evasion, Tax Avoidance, Taxpayer, Criminal Responsibility

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Research Title : The Constitutional Court's Oversight Of The Constitutionality Of Laws And Regulations In Jordan: Views Towards The Constitutional Amendments Of 2022

Authors :Mohammad Nasr Khater, Tareq Al-Billeh, Hanan Hashim, Adnan Mahdi

Abstract :The study analyses the oversight of the constitutionality of laws and regulations after the establishment of the Constitutional Court, and clarifies the extent of its competence in oversight over the constitutionality of laws and regulations and the interpretation of the provisions of the Constitution, it also referred to the methods of challenging before it, as well as clarifying the validity and effects of its judgments, and assessing the oversight of the constitutionality of laws and regulations under the establishment of the Constitutional Court, in which views diverged on the extent of its success in the oversight process, the study concluded that the Jordanian legislator has provided for the establishment of the Constitutional Court, which was an advanced step in the field of oversight of the constitutionality of laws and regulations, in addition to the fact that the challenge in this court in two method, namely , the direct challenge to the Constitutional Court and indirect challenge or the so-called subsidiary plea, the study recommended that necessary amendments should be made to the Constitutional Court Law with regard to granting individuals, syndicates and institutions the right to challenge directly to the Constitutional Court, also recommended the necessity for the Jordanian legislator to impose oversight on the constitutionality of previous laws , in addition to the subsequent oversight.

Keywords :Constitutional Oversight, Constitutional Court, Constitutional Judiciary, Direct Challenge. Subsidiary Plea.

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Research Title :The crime of goods fraud in the Jordanian penal code

Authors :Mohammad Nasr Khater, Hamzeh Abu Issa, Mohammad Saeed abdallah Alsheyab, Naji Alwerikat

Abstract :The primary focus of this research study is the analysis of Article 433 of the Jordanian Penal Code, which criminalizes goods fraud as a means of providing criminal protection for consumers. A descriptive and analytical methodology is employed in this study, involving the review and analysis of legal texts, judicial precedents, and relevant legal jurisprudence. The distinction between the crime of goods fraud and other similar offenses is elucidated in this study. It is confirmed through the findings of this research that this crime comprises three essential elements: the presumed element as stipulated in the sales contract of goods, the material element rooted in the fraudulent act, and the mental element, often referred to as the "guilty mind," which assumes the form of a general criminal intent. It has also been established that individuals found guilty of this offense face penalties ranging from one month to one year of imprisonment, coupled with a fine ranging from five to fifty dinars, or one of these penalties. This criminal punishment encompasses attempted crimes as well. The study concludes that the scope of criminalization should not be confined solely to fraud within sales contracts, but rather should be expanded to encompass other types of contracts. Furthermore, it is recommended that restitution of the sold goods be mandated, and the return of money to the buyer be ensured.

Keywords : Fraud; Penal Code; Consumer Protection; Jordanian Law; Commercial fraud; Justice.

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Research Title :The Mother Killing of her Newborn to Avoid Disgrace under Jordanian Law.

Authors : Mohammad Nasr Khater, Hamzeh Abu Issa, Naji Alwerikat

Abstract :The aim of this article is to study Article 332 of the Jordanian Penal Code No. 16 of 1960, which punishes a mother who kills her child, with whom she became pregnant with incest, to avoid disgrace, in order to answer some of the questions and problems that marred the article's text, including knowing what is meant by the terms mentioned in the text (the newborn, avoiding disgrace, after childbirth, incest). The article adopted both descriptive and analytical approaches to conclude the results through the legal interpretation of the text and a review of the jurisprudences opinion and the judiciary’s diligence (case law) on related issues. The article grasped several results, the most prominent of which are that the legislator did not specify what is meant by the terms mentioned in the text, which led to a difference in their interpretation, and that the reason that the legislator envisaged reducing this type of killing contradicts the punishment it established.

Keywords :Jordanian law, penal code, murder, Extenuating circumstances, honor crimes.

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Research Title :Criminalization of Forgery of Electronic Payment Cards in Jordanian Legislation.

Authors :Mohammad Nasr Khater

Abstract :The article analyses the penal protection of electronic payment cards from forgery through a linguistic and virtual description of the notion of electronic payment cards. In addition to identifying the types of these cards, such as the credit card, the ATM card, and the debit card, the research also dealt with the offence of forgery of electronic payment cards by defining forgery and its forms, showing the jurisprudential difference in the application of the traditional forgery provisions in the Penal Law on Electronic Forgery, and also the Jordanian judiciary viewpoint regarding this topic through its judgements. The research concluded that the offence of forging electronic payment cards is based on the availability of three elements: the material element related to conduct based on changing the truth, the moral element, which is public and private intentions, and the necessity of the availability of the harm element. Also, the research came out with a recommendation that the Jordanian legislator should intervene in determining the bond or manuscript that may be exposed to forgery and determining its types and all its methods, in addition to developing texts for the definition of electronic payment cards, regulating its rules, and increasing its legal protection.

Keywords : Electronic Forgery; Credit Card; Payment Card; Cyber Crimes; Criminal Law.

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Research Title :Distance Indecent Assault Crime in Jordanian Law Perspective.

Authors : Hamzeh Abu Issa, Mohammad Nasr Khater

Abstract :This article examines the extent to which the traditional texts related to indecent assault crime apply on the act committed remotely in the Jordanian Penal Code, that is, without physical contact with the victim. The texts show that the legislator did not define indecent assault, leaving that to jurisprudence and judiciary. And if it is established that this crime requires three elements for its occurrence: the material element, the moral element, and the victim's disapproval (non-consent); However, the dispute was about the behavior constituting the material element, so one opinion went to requiring actual contact with the victim's body, while another direction/opinion went to no contact requirement, contenting with merely touching the victim`s honor. The majority of the Jordanian Court of Cassation rulings tended to follow the second direction, which does not require actual contact. After conducting the required investigation, the article concluded that the legislator should intervene by setting provisions in connection with distance indecent assault crime. As equality between the severity of contact and its absence is not fair.

Keywords : Penal code, Jordanian judiciary, indecent assault, cybercrime law, sexual crimes.

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Research Title :The Legal Concept Of Economic Crime In Jordanian And Comparative Legislation.

Authors : Abdullah Al-Khasilat, Mohammad Nasr Khater, Ali Alassaf, Naji Alwerikat

Abstract :The study analyses the legal notion of economic crime in Jordanian and comparative legislation, by exploring the broad concept and the narrow concept of economic crime, with the aim of clarifying that the term "Economic Crime" refers to a modern set of crimes that pose harm to a legal interest that the Penal Law has not sought to protect, while the term “Economic Penal Law” is a term that goes beyond the notion of modern crimes to the idea of establishing special legislation for a special set of crimes of an independent regulations and provisions that differ from those regulations governed by the general principles. The study concluded several results and recommendations, the most important of which is the necessity of repealing Paragraph (C) of Article (3) under the Economic Crimes Law No. (11) of (1993) and its amendments, which identified a set of crimes stipulated in the Penal Law and considered them economic if they meet the general conditions for economic crime mentioned in the paragraph (A) of the same article, as this is considered a legislative blunder

Keywords :Economic Crime, Economic Crimes Law, Penal Law, Modern Crimes.

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