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Shafaq News/ Legal expert Muhammad Juma'a suggested, on Monday, that the Federal Supreme Court will reject the lawsuit filed by Representative Basem Khashan against Parliament Speaker Muhammad al-Halbousi, accusing him of perjury.
Jumaa told Shafaq News Agency, "The constitution stipulates the crime of perjury, but it linked this to the enactment of a law criminalizing this perjury. In other words, there must be a law that defines the penalty for perjury and the mechanism of pleading, in addition to other determinants, and all of this does not exist in reality."
He explained that "Article 61 of the Constitution, specifically the sixth paragraph of it, referred to the jurisdiction of the Federal Supreme Court to consider the case of convicting the President of the Republic for the crime of perjury, but this conviction requires the existence of a law that defines the penalty so that the court can exercise its role, and therefore it cannot be considered for the reasons referred to."
He added, "The case will be answered, and the Federal Court may find itself not competent to consider perjury with regard to the Speaker of the House of Representatives, because Representative Basem Khashan linked the three presidencies to one basket, given that the laws treat the three presidencies (the Republic, the government, Parliament) with a sovereign classification and therefore the Speaker of the House of Representatives has The status of the President of the Republic, which prompted Khashan to adopt this article, and therefore the Federal Supreme Court may find that what was stated in the House of Representatives law relates to rights and not obligations, and thus the case will find its way to a response.
Article 61 of the Constitution, specifically paragraph VI of it, stipulates (the accountability of the President of the Republic based on a reasoned request, by an absolute majority of the number of members of the House of Representatives, the dismissal of the President of the Republic by an absolute majority of the number of members of the House of Representatives, after being convicted by the Federal Supreme Court, in one of the following cases, perjury The constitutional oath, violation of the constitution, or high treason."
The Federal Supreme Court had decided to postpone the hearing of the lawsuit submitted by Representative Basem Khashan against the Speaker of Parliament, Muhammad al-Halbousi, in which he accused him of perjury.
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Legal expert: The Federal Court will reject the case of perjury against Al-Halbousi
Shafaq News/ Legal expert Muhammad Juma'a suggested, on Monday, that the Federal Supreme Court will reject the lawsuit filed by Representative Basem Khashan against Parliament Speaker Muhammad al-Halbousi, accusing him of perjury.
Jumaa told Shafaq News Agency, "The constitution stipulates the crime of perjury, but it linked this to the enactment of a law criminalizing this perjury. In other words, there must be a law that defines the penalty for perjury and the mechanism of pleading, in addition to other determinants, and all of this does not exist in reality."
He explained that "Article 61 of the Constitution, specifically the sixth paragraph of it, referred to the jurisdiction of the Federal Supreme Court to consider the case of convicting the President of the Republic for the crime of perjury, but this conviction requires the existence of a law that defines the penalty so that the court can exercise its role, and therefore it cannot be considered for the reasons referred to."
He added, "The case will be answered, and the Federal Court may find itself not competent to consider perjury with regard to the Speaker of the House of Representatives, because Representative Basem Khashan linked the three presidencies to one basket, given that the laws treat the three presidencies (the Republic, the government, Parliament) with a sovereign classification and therefore the Speaker of the House of Representatives has The status of the President of the Republic, which prompted Khashan to adopt this article, and therefore the Federal Supreme Court may find that what was stated in the House of Representatives law relates to rights and not obligations, and thus the case will find its way to a response.
Article 61 of the Constitution, specifically paragraph VI of it, stipulates (the accountability of the President of the Republic based on a reasoned request, by an absolute majority of the number of members of the House of Representatives, the dismissal of the President of the Republic by an absolute majority of the number of members of the House of Representatives, after being convicted by the Federal Supreme Court, in one of the following cases, perjury The constitutional oath, violation of the constitution, or high treason."
The Federal Supreme Court had decided to postpone the hearing of the lawsuit submitted by Representative Basem Khashan against the Speaker of Parliament, Muhammad al-Halbousi, in which he accused him of perjury.
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