Criminal Procedure Code at Palestine
The Criminal Procedure Code of Palestine is primarily governed by Law No. 3 of 2001, known as the Law of Penal Procedure, which was enacted by the Palestinian Authority. This law outlines the procedures for criminal investigations, prosecutions, and trials within the Palestinian territories.
📘 Key Provisions of the Law of Penal Procedure (2001)
Article 18: A criminal action may be rescinded upon the payment of a settlement amount, without affecting any civil action. (Law of Penal Procedure No. 3 of 2001 - Palestine - Legal Databases)
Article 19: Members of the Public Prosecution are vested with judicial powers and supervise officers invested with judicial powers within their jurisdiction. (Law of Penal Procedure No. 3 of 2001 - Palestine - Legal Databases)
Article 39: The entering and searching of homes shall be conducted only pursuant to a search warrant issued by the Public Prosecution or in its presence, based on an accusation charging a person with committing or participating in a felony or misdemeanor. (Law of Penal Procedure No. 3 of 2001 - Palestine - Legal Databases)
Article 163: Jurisdiction in criminal matters is determined by the place where the crime occurred, where the accused resides, or where the accused is arrested. (Law of Penal Procedure No. 3 of 2001 - Palestine - Legal Databases)
Article 207: Judgments shall be based solely on evidence admitted during the trial and openly discussed in the presence of the parties. (Law of Penal Procedure No. 3 of 2001 - Palestine - Legal Databases)
Article 284: The court may decide to suspend the penalty if the convicted person's character, past record, age, or circumstances suggest they will not reoffend. (Law of Penal Procedure No. 3 of 2001 - Palestine - Legal Databases)
⚖️ Amendments and Reforms
Decree Law No. 8 of 2006: This decree amended several provisions of the original law, including changes to Articles 274, 302, and 323, to enhance the efficiency and fairness of criminal proceedings. (Decree Law No. 8 of 2006 Concerning the Law Amending the Law of Penal Procedure - Palestine - Legal Databases)
Law by Decree No. 24 of 2017: Established the High Criminal Court to handle serious criminal cases, aiming to strengthen the judiciary's capacity to address complex criminal matters. (Law by Decree No. 24 of 2017 Concerning the High Criminal Court - Palestine - Legal Databases)
📄 Accessing the Full Text
The full text of the Law of Penal Procedure No. 3 of 2001 is available in both Arabic and English on the Palestinian Legal Database: (Law of Penal Procedure No. 3 of 2001 - Palestine - Legal Databases)
👉 Law of Penal Procedure No. 3 of 2001
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