Federal Supreme Court: The right of defense is guaranteed .. and make the investigation confidential

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[size=52]Federal Supreme Court: The right of defense is guaranteed .. and make the investigation confidential "temporary measure"[/size]

[size=45]The Federal Supreme Court confirmed that making the investigation secret is a "temporary measure" relating to the security of society, stressing the possibility of access to it after the removal of its circumstances, stressing that this procedure is subject to challenge in accordance with the law, explaining that the right of defense is guaranteed.
[size=45]"The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of all members of the judges," a court spokesman, Eyas al-Samouk, said.[/size]
[size=45]Al-Samouk added that “the plaintiffs have challenged article (57 / a) of the Criminal Procedure Code No. (23) of 1973, which provides for the defendant, the complainant, the civil plaintiff, the civil responsible for the act of the accused and their agents, to attend the investigation procedures, and for the judge or investigator. To prevent any of them from attending if necessary, for reasons stated in the minutes, provided that they have access to the investigation as soon as this necessity has ceased, and they may not speak without their permission and if they do not authorize it, it shall be recorded in the record.[/size]
[size=45]He pointed out that “the plaintiffs argued that the legislator did not make the presence of the accused's agent obligatory during his interrogation sessions but that it was permissible, and he authorized the judge or the investigator to prevent any of the above mentioned persons from attending. The right of defense is sacred and guaranteed at all stages of investigation and trial.[/size]
[size=45]He added, "The plaintiffs demanded the ruling that the constitutionality of article (57 / a) of the Code of Criminal Procedure for violating the text of article (19 / IV) of the Constitution."[/size]
[size=45]He pointed out that "the court listened to the statements of the parties, and found that the restriction set by the legislator under article (57 / a) contested unconstitutional regarding the attendance of adversaries investigative hearings is a temporary restriction for specific cases relating to the security and safety of society and to protect the public interest."[/size]
[size=45]The Samuk, that "the Federal Supreme Court stated that what is going on in their absence will be announced after the disappearance of confidentiality conditions, and they can appeal that action in accordance with the law."[/size]
[size=45]He stressed, "The Federal Supreme Court, found that the freedom to discuss the complainants and witnesses without permission from the court, lead to the breach of the hearing and the proper conduct of the session."[/size]
[size=45]He stated, “The Federal Supreme Court has confirmed that the hearing of the proceedings, investigation or trial is entrusted to the President of the Court on the basis of Article 63/1 of the Civil Procedure Law No. 83 of 1969 and Articles 64 and 168 of the Code of Criminal Procedure No. 23) for the year 1971 (as amended). ”[/size]
[size=45]He continued, "The Federal Supreme Court stated that, in connection with the claim that the text of the article subject to challenge the presence of defense in the role of investigation, the other texts confirmed his presence during the trial proceedings, and if the defendant does not have a lawyer, the court assigns him a lawyer and the public budget bears his fees."[/size]
[size=45]He continued, "The Federal Supreme Court ruled that article (57 / a) of the Code of Criminal Procedure contested unconstitutional has guaranteed the right of defense of the accused and therefore conforms to article (19 / IV) of the Constitution and does not contravene."[/size]


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