Confession in the Palestinian Criminal

Confession in the Palestinian Criminal PDF

Lu’ai Dawood Mohammed Dweikat

Supervisor(s)

Dr. Nael Taha -

Discussion Commity

137 صفحة

Abstract :

Abstract This study deals with the subject of confession from the side of the accused person being considered as a proof of prosecution according to the Palestinian Criminal Procedural Law and the Comparative Law. The study consists of four chapters. The first chapter studies the conception of confession both literally and technically or legally. In addition، it talks about the different types of confession with regard to the authority before whom it takes place، the credibility it has and the shape it takes. Moreover، I have dealt with the legal nature of confession explaining how confession is considered as a legal action not a legal conduct، since law itself organizes the consequences of confession without having any interference from the side of the person who gives the confession. The second chapter talks about the conditions which make the confession valid. In this chapter، I have illustrated that “for the confession to be considered valid، productive and with legal consequences، it must a bide by the following conditions: 1. it must be given by a person who has a procedural qualification. For this condition to be applied، the person must be accused of committing the crime referred to the legal value of the confession given by one accused person against another، in addition to the confession from the side of the lawyer on behalf of his client (the accused person). The accused person must also have the mental perception and consciousness at the time of giving the confession. Hence، I have explained the cases of confession given by persons who are underage، lunatic or drunken. 2. The confession must be given under a free and conscious will of the accused person. Throughout this section، I have pointed out to cases where confession is considered null and void، these cases or techniques are divided into: a. Explicit or physical، such as coercion، overburdening the accused person through very long interrogation، using police dogs، using hypnosis or anesthetic drugs. b. Implicit or Psychological، such as promising، tempting threatening the accused person، forcing him to take an oath or using deception or artifice. 3. The confession must be compatible or agreeing with fact and logic. 4. The confession must be given by applying correct procedures. I have later on distinguished between confession، testimony and civil avowal explaining similarities، and differences between them، in order to make it easy to understand the nature and indications of each of them so that one would not confuse between them. The Third chapter deals with the credibility of confession and its consequences upon prosecution; as the credibility of the confession varies according to، and depending on، the side who issue it; i.e.، it is given by the accused person or another person. Moreover I have talked about confession division، including the cases where division is allowed، the cases where division is not allowed and the role and authority of the court in dividing the confession. In the next section of this chapter، I have illustrated the effects of confession upon prosecution. I have studied this subject from two dimensions: 1. Procedural dimension which refers to the procedures applied during the legal proceedings of a case whether it is in the stage of investigation، initial interrogation، after the Attorney General takes a decision to institute legal proceedings and after bringing the case to the court by the Public Prosecution. Besides، I have explained the consequences of the confession given before the court، the consequence of the confession given after the initial sentence and the consequences of confession given after the final sentence. 2. Objective dimension which refers to the consequences of the confession upon the criminal penalty of the crime (s) committed and confessed by the accused person. Examples of such crimes are bribery، state community crimes، the crime of instituting a group to plan and execute crimes، the crime of forging seals، banknotes or stamps; and finally the crime of perjury (false swearing) In the fourth and last chapter، I have studied the cases of Confession recantation and confession nullity، I have first referred to the ability of the accused person to recant his confession، the court authority in evaluating this recantation and its consequences and indications of such a recantation which can tell if the recantation is right or not. The second subject I have studies in this chapter is the confession nullity referring to the most important aspects or causes which make a confession null: 1. Lack of or absence of procedural qualification from the side of the accused person. 2. Absence of free will be of the person who gives the confession. 3. Absence of agreement or compatibility between the confession and facts or logic. 4. Absence or lack of correct procedures during giving the profession. Finally، I have illustrated the effects of null confession upon the proceeding and subsequent procedures.

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