Challenges of using Technology in Criminal Proceeding
Overlap between judicial and administrative enforcement actions, Overlap and connection between criminal and civil cases (Descriptive Analytical Study – Multidisciplinary Perspective)
DOI:
https://doi.org/10.68825/jmpssm53Keywords:
Criminal law, criminal procedure, nformation technology, criminal proceedings, civil proceedings, judicial control, administrative controlAbstract
This study is an attempt to shed light on some of the interdisciplinary issues caused by the use of technology in criminal proceedings, arising from both the overlap and intersection of judicial and administrative enforcement actions, as well as the issues stemming from the overlap and interconnection between criminal and civil proceedings.
The study seeks to find solutions to some of these interdisciplinary issues that have arisen due to the widespread use of technology and the digital transformation in society in general and in criminal proceedings in particular, as well as the resulting emergence of many new legal issues and problems in the absence of legislation conducive to this rapid development, especially in developing countries that are adopting this technology, and given the urgent need for more specialized research in this field—a conclusion reached by numerous previous studies and research papers.
References
Books and Articles
1. Al-Saeed, K. (2005). Sharh qanun usul al-muhakamat al-jaza'iyyah [Explanation of the code of criminal procedure] (1st ed.). Dar Al-Thaqafa li al-Nashr wa al-Tawzee.
2. Abdul-Baqi, M. (2015). Sharh qanun al-ijra'at al-jina'iyyah, raqm (3) li-sanat 2003: Dirasah muqaranah [Explanation of the criminal procedure law, No. 3 of 2003: A comparative study]. Kulliyat al-Huquq wa al-Idarah al-Ammah.
3. Ebeid, M. F. (2007). Istikhdam khawarizmiyyat tanqib al-bayanat fi al-majal al-amni [Using data mining algorithms in the security field] [Conference session]. Mu'tamar Tiknulujia al-Ma'lumat wa-al-Amn al-Watani, Riyadh, Saudi Arabia.
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5. Nassar, B. I. (2019). Al-sultah al-taqdiriyyah fi marhalatay al-istidlal wa-al-tahqiq al-ibtida'i fi al-tashri' al-Filastini: Dirasah muqaranah [Discretionary power in the stages of evidence collection and preliminary investigation in Palestinian legislation: A comparative study] (Unpublished master's thesis). Jami'at al-Najah al-Wataniyyah.
6. Othman, A. (1964). Al-khibrah fi al-masa'il al-jina'iyyah [Expertise in criminal matters] (Unpublished doctoral dissertation). Jami'at al-Qahirah.
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Legislation
1. Palestinian Basic Law
2. Palestinian Criminal Procedure Law
3. Palestinian Cybercrime Law
4. Draft Palestinian Data Protection Law
5. Collection of Palestinian laws
6. Collection of various Arab and foreign laws
7. European Union General Data Protection Regulation (GDPR)
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