Modern Criminal Policy and Its Impact on Fair Trial Guarantees in the New Legislation in Palestine

This study examines modern criminal policy and its impact on the guarantees of a fair trial in the new legislation in Palestine. The Palestinian legislator has moved toward adopting a package of special criminal decree‑laws. It is observed that, despite their importance, some of these laws conflict with fair trial guarantees, and the criminal policy underpinning them has not been uniform. The central question of the study is therefore: Did the newly issued decree‑laws observe fair trial guarantees? The study aims to analyze modern criminal policy and clarify its impact on fair trial guarantees within the new Palestinian legislation. The most significant recommendation is the need to unify the criminal policy followed when adopting decree‑laws, so that there are no discrepancies in the general rules and so that those rules are consistent with constitutional principles and the system of rights and freedoms.

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Publication Details

Journal
Beijing Law Review
Published
2025-01-01
DOI
https://doi.org/10.4236/blr.2025.163098
Primary Topic
International Law and Human Rights
Type
article
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article

Modern Criminal Policy and Its Impact on Fair Trial Guarantees in the New Legislation in Palestine

Abdullah D. Mahmmoud, Rabhi Wajih Dowla
Beijing Law Review
International Law and Human Rights
article

Modern Criminal Policy and Its Impact on Fair Trial Guarantees in the New Legislation in Palestine

Abdullah D. Mahmmoud, Rabhi Wajih Dowla
article en

Abstract

This study examines modern criminal policy and its impact on the guarantees of a fair trial in the new legislation in Palestine. The Palestinian legislator has moved toward adopting a package of special criminal decree‑laws. It is observed that, despite their importance, some of these laws conflict with fair trial guarantees, and the criminal policy underpinning them has not been uniform. The central question of the study is therefore: Did the newly issued decree‑laws observe fair trial guarantees? The study aims to analyze modern criminal policy and clarify its impact on fair trial guarantees within the new Palestinian legislation. The most significant recommendation is the need to unify the criminal policy followed when adopting decree‑laws, so that there are no discrepancies in the general rules and so that those rules are consistent with constitutional principles and the system of rights and freedoms.

Beijing Law ReviewVol. 16(03)
Openalex Percentile: Top 69%
International Law and Human Rights
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