The Statute of Limitations of Criminal Lawsuit in the Jordanian and Qatari Laws
Authors : Hamzeh Abu Issa & Naji Al-Wreikat
Abstract : This article has highlighted the legal provisions in the Jordanian and Qatari laws regarding the criminal lawsuit expiration by the statute of limitations, as this article addressed the concept of the statute of limitations of the lawsuit and the difference between it and the statute of limitations of punishment, also the article reviewed the justifications used when enacting the statute of limitations system, the article also demonstrates the scope and the duration of the statute of limitations, and its calculation method, signs, and its effects, finally, the article concluded with a conclusion containing the results and recommendations
Keywords : Statute of Limitations, Criminal Lawsuit, Expiration of the Criminal Lawsuit, Criminal Trials Principles, Justice
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The Legislative Shortcomings Aspects in the Jordanian Environmental Law
Authors : Omar Emar & Hamzeh Abu Issa
Abstract : Most of the legislation in the countries have established laws and regulations to protect the national environment of countries, as Jordan is one of these countries, where the Jordanian environmental law has developed rapidly in order to keep pace with developments in various industrial and technological fields, for the purpose of protecting the environment and in cooperation with the relevant international and regional bodies, however, legal protection of the environment is not provided for in the text of the Constitution, also, the Jordanian legislator did not set up a special system for environmental damage compensation, did not included it in the civil law, in addition to the fact that local environmental legislation does not include the modern principles of environmental damage compensation contained in the international conventions, which signed and ratified by Jordan. The accumulation of these deficiencies affected the effectiveness of environmental law and the mechanism of its application.
Keywords : Environment, Environmental law, Jordanian law, International law.
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The cyber espionage crimes in the Jordanian law
Authors : Hamzeh Abu Issa & Abdullah Alkhseilat
Abstract : The current article aims to show the position of the Arab laws in general and the Jordanian legislator in particular against cyber spying. First, the article pointed out the concept and classification of state secrets. Then, it approached the extent of applicability of the traditional provisions on the espionage committed via electronic means. Furthermore, an analysis was done on Article 12 of the Jordanian Electronic Crimes Law by going deep into stating the elements of the crime set therein and arriving at the penalties that resulted from breaching it. Finally, the article concluded the possibility of applying Articles 15 and 16 of the Jordanian Law on the Protection of State Secrets and Documents (1970) criminalising obtaining state secrets and disclosing secrets obtained by the office without legal justification.
Keywords : cyber espionage, cyber crime, Jordanian law, state secrets, criminal law, computer law, justice, unauthorised access
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Criminalization of Sexual Acts in Jordanian Law
Authors :
Abstract : This article aimed to clarify the opinion of the Jordanian legislator regarding the criminalization of sexual acts in comparison to the position of the monotheistic religions and contemporary laws, in addition to knowing the Jordanian society’s view of criminalizing sexual acts. By looking at the Jordanian legal texts related to the subject, it became apparent to researchers that the Jordanian legislator adopts the principle of sexual freedom like other legislators in other countries, despite this violation of Islamic law, which is the official religion of the state according to the Jordanian constitution. In order to achieve the objectives of the study, the researchers adopted the descriptive and analytical approach that reads the opinion of the Jordanian legislator, the monotheistic religions, and contemporary laws in criminalizing sexual acts. Using the results of a questionnaire designed for the purpose of knowing the views of the Jordanian society on the principle of sexual freedom. This questionnaire was distributed to a random sample of 1000 people. The article reached a number of conclusions, including that (84)% of Jordanian society do not accept sexual freedom for religious, moral and social reasons. In light of the results of the article, the authors recommended abolishing the principle of sexual freedom from Jordanian law and calling on the Jordanian legislator to reconsider texts related to the criminalization of sexual acts in line with the culture of society.
Keywords : Philosophy of law, sexual acts, sexual freedom, Jordanian law, religions, criminal law.
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The Cheque Concept Between Commercial Law And Penal Law In Jordan
Authors : : Ma'en Juwaihan & Hamzeh Abu Issa
Abstract : The aim of this article is to identify the cheque concept in Jordanian law among commercial law and penal law, and it addresses the amendments made by the Jordanian legislator to the penal law related to the crime of issuing a cheque without provision cover, it is manifested by the research that the Jordanian law tends to give significance to the cheque in the penal law differs from what is stated in the commercial law, accordingly, the penal protection of the cheque is no more as a commercial document in which stipulated at the commercial law, insofar it has become an autonomous and independent element in the penal law, whereof the article addressed the advantage of that, wherein the conclusion, he reached the necessity of unifying the terms of the two laws so that the penal law follows the commercial law in terms of the cheque so that the penal protection of the cheque shall add an additional and enhanced guarantee of protection in the other laws.
Keywords : Cheque, Penal Law, Jordanian Law, Jordanian Judiciary, Justice, Commercial Law
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The Cheque Concept Between Commercial Law And Penal Law In Jordan
Authors : Ma'en Juwaihan & Hamzeh Abu Issa
Abstract : The aim of this article is to identify the cheque concept in Jordanian law among commercial law and penal law, and it addresses the amendments made by the Jordanian legislator to the penal law related to the crime of issuing a cheque without provision cover, it is manifested by the research that the Jordanian law tends to give significance to the cheque in the penal law differs from what is stated in the commercial law, accordingly, the penal protection of the cheque is no more as a commercial document in which stipulated at the commercial law, insofar it has become an autonomous and independent element in the penal law, whereof the article addressed the advantage of that, wherein the conclusion, he reached the necessity of unifying the terms of the two laws so that the penal law follows the commercial law in terms of the cheque so that the penal protection of the cheque shall add an additional and enhanced guarantee of protection in the other laws.
Keywords : Cheque, Penal Law, Jordanian Law, Jordanian Judiciary, Justice, Commercial Law.
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The Extent of the Need for Teaching Forensic Sciences for Law Students in Jordanian Universities
Authors : Hamzeh Abu Issa & Ma'en Juwaihan
Abstract : This article examines the actual need for teaching forensic sciences to Bachelor of Law students in Jordanian universities, where the research extrapolated the study plans for the specialization of law in the faculties of law in Jordanian universities, which amount to 20 faculties, to know the faculties that teach forensic sciences. It was found that only one faculty offered forensic sciences as an elective requirement, and that 13 faculties included among their study plans the course of forensic medicine as an elective requirement. Also, a questionnaire was designed and distributed to a random sample of 120 lawyers in Jordan. The questionnaire contained 9 multiple-choice questions, the most important results are that only 39% of the sample studied one of forensic sciences subjects at the bachelor’s level, and 36% of them know the work of forensic experts, and 92% support that the forensic sciences to be as a compulsory requirement course for law students. The article discussed the results of the questionnaire in a scientific discussion and concluded the necessity to design a subject specialized in forensic sciences for students of law, provided that it is a compulsory requirement because of its great importance in the work.
Keywords : Forensic sciences, Education, Justice, Law study
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The Cyber Terrorism Crime in Jordanian Law
Authors : Hamzeh Abu Issa, Abdullah Alkseilat & Ahmad Alrefaie
Abstract : This research is concerned with stating the legal provisions set for the crime of cyber terrorism as stated by the provision of article 3 of the Jordanian Anti-Terrorism Law. In fact, and at the beginning, the research approached the definitions of each of the terms of terrorism and cyber terrorism according to the methodology of the Jordanian legislators. Further, the provision of article 3 of the Anti-Terrorism Law was analysed, after which the elements on which the crime is based were concluded, followed by examining some of the cases presented to the Jordanian judiciary
Keywords : Cyber Terrorism, Jordanian Law, Justice, Cyber-Crimes, Anti-Terrorism Law.
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Ministers’ procedural immunity in the Jordanian constitution
Authors : Hamzeh Abu Issa & Ahmad Alrefaie
Abstract : This article is about the legal framework of the procedural immunity of ministers under Section 56 of the Jordanian Constitution, explaining the amendment which was made to this article under the constitutional amendment of 2011. The article elucidates the nature of this immunity and its impact upon Public Prosecutors’ freedom in commencing prosecution. It also explains the limit of this freedom as regards personalities, offenses, and time. Research is done by analysing the relevant legal provisions, addressing the legal provisions which govern the process of lifting the minister’s immunity, by determining the competent authority, its power and its procedures. The article also presents some main cases of removing immunity from ministers by the Jordanian House of Representatives.
Keywords : Ministers’ immunity, Jordanian Constitution, Jordanian House of Representative, limits of prosecutions, ministers trials, criminal procedure
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The Matching Extent Of The Real Weapon Definition Upon Applying It On The Un-Real Weapon According To The Jordanian Law
Authors : Hamzeh Abu Issa & Ahmad Alrefaie
Abstract : This research has sheds lights on the applicability of the definition of weapons as described by the Jordanian Penal Law to un-real weapons (fake or toys), where it was found that the Jordanian Court of Cassation has two understanding on this matter, within the first understanding of the jurisprudence, the fake weapon consider as a real weapon at the aggravating circumstance of theft, while the second understanding, did not consider the counterfeit weapon as a real weapon to create a crime of threating. As well as the research dealt with the Jurists' point of view regarding this subject, finally, the researcher came into a conclusion for the need of amending the definition of weapons contained in the Penal law.
Keywords : Weapons, Armed Weapon, (Counterfeit/Fake/Un-real) Weapon, Jordanian Penal Law.
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Procedural Parliamentary Immunity In Jordanian Legislation
Authors : Hamzeh Abu Issa, Omar Emar & Ahmad Alrefaie
Abstract : Parliamentary immunity is one of the basic provisions of parliamentary action aimed to protect them while exercising their duties from political authority intimidation to ensure their independence, Parliamentary immunity is divided into two types: irresponsibility or (substantive / functional immunity) that protects the parliamentary from prosecution for acts carried out while exercising of his or her mandate and cannot dismissal him / her from office; procedural immunity, which focusing on the activities out of his or her mandate and subjected to dismissal of the member from parliament and may be prosecuted, but any "coercive" measure taken against him requires the lifting of immunity by the parliament members.
Keywords : Parliamentary immunity, criminal procedure
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The Impact of Death of the Accused on the Criminal Action in the Jordanian Law
Authors : Hamzeh Abu Issa & Abdallah Al-Khseilat
Abstract : The objective of this study is to clarify the legal provisions of the impact of the death of the accused on the criminal case according to the Jordanian Criminal Procedure Law. The research reviewed these provisions and the impact of death on the lawsuit, whether it was a public action or a personal action, as well as the impact of death on the penalty. The study also dealt with several legal problems on this subject such as the impact of mistake or ignorance of death and its consequences.
Keywords : Accused Death, criminal procedure, public action, civil action, Jordanian Law.
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The Legal Provisions of the General Amnesty in Jordanian Law
Authors : Mohammad Al Khawaldeh & Hamzeh Abu Issa
Abstract : This research is concerned with exploration of the legal provisions which govern the General Amnesty being a cause for dismissing the criminal action. The significance of this issue emerges out because of the lack of integrated legal texts establishing the general foundations of the General Amnesty. Therefore, this research attempted to conclude with a general theory on the General Amnesty through studying and analyzing the Jordanian laws on the General Amnesty from the date of the Kingdom foundation up to the last relevant law, which is the Law No. 15 of 2011.The research was divided into two chapters. The first chapter was assigned for showing the nature and essence of the General Amnesty through its definition and showing the difference between the General Amnesty and the Grace as well as demonstrating the legal instrument for issuance of the General Amnesty. The second chapter was assigned for showing the scope and impacts of General Amnesty where it was found that General Amnesty has scope whether in terms of time, persons or crimes and that it has several impacts whether on the criminal action, civil action and disciplinary action. The research ended with a conclusion including the most significant outcomes and recommendations on the subject matter.
Keywords : Criminal Law, Criminal Procedure, Criminal action, Amnesty
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Unauthorized access crime in Jordanian law
Authors : Hamzeh Abu Issa, Mahmoud Ismail & OmarAamar
Abstract : This research cared about clarifying the legal provisions of the unauthorized access crime contained in article 3 of the Jordanian Cybercrime act of 2015 and comparing it to other Arabic legislations and French law as well as clarifying the position of international conventions on this crime. The analysis of the crime included clarifying its elements, its sanction and the aggravating circumstances of its penalty. At the end of the research we reached some recommendations which we hope from the Jordanian legislator to adopt.
Keywords : Cybercrimes, Penal code, Unauthorized access, Jordanian law
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Real estate abduction crime in the Jordanian Penal Code
Authors : Hamzeh Abu Issa
Abstract :< This research aims to shade light on the legal aspects real estate abduction crime contained in Article 448 of the Jordanian Penal Code No.16 of the year 1960, by analyzing crime elements and through a review of punishment and aggravated circumstances, and show initiate proceedings of the criminal prosecution of this crime. Using descriptive and analytical legal research methodology, by comparing the Lebanese and Egyptian laws, and the keenness of research to follow the position of the Jordanian judiciary in all areas of research. The research concluded in its conclusion to a number of results and some of the recommendations that the researcher considers necessary to be the criminal protection of the property better than it is./p>
Keywords : Criminal Law, Offences against Property, Real Estate Protection
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Potable Water Pollution Crime in Jordanian Penal Law
Authors : Hamzeh Abu Issa & Omar Aamar
Abstract : Most legislations in world countries enacted laws and regulations to protect the national environments of such countries, including Jordan. The Jordanian environmental law develops constantly to cope with the developments place in most industrial and technological fields. Jordanian Penal Law incriminates some acts committed against the environment including potable water pollution Crime as stipulated by the Jordanian legislator in Article No. 458 of Jordanian Penal Code. Such research aims to shed the light on such crime regarding describing its elements, the due penalty defined for such crime, distinguishing between the crime – subject matter of the research – and other crimes mentioned in penal law and environment protection law No. 6 of the year 2017 and defining its relative matters.
Keywords : Environment, Water Pollution, Environment Protection, Penal Law
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