Dirasat: Sh ari’a and Law Sciences

From 2005 to 2019

ISSN 1026-3748

Problematic Re-Trial in the Military Criminal Cases


Abstract | الملخص

This study addressed the issue of the competent court to prepare the trial in the Military Criminal Procedure Act No. 32 for the year 2006 in order to demonstrate the importance of this subject in practical life. If sentenced definitive conviction is issued, the verdict was the title of the fact that may not hurt him again, keeping that issue doomed and authoritative judgments, and this matter makes sense of the public interest. But it may happen that this provision afflict factually wrong, for this the legislator left the sentenced to be ruled definitively similar to error in the fact to get rid of the effects of this provision by a retrial. The re-trial extraordinary means of appeal is considered to be not normal in provisions where the Military Criminal Procedure Act have determined who has the right to request a retrial and they are military prosecutor, the sentenced whereas to submit this request to the Military Justice Director and later the Military Justice Director refer it to the competent court, and by reference to the Military Criminal Procedure Act No. 9 for the year 1961, and the Court determined namely a court sentencing court essentially, and that by the appeals court.

Authors | المؤلفون

Mohammad Naser Al Khawaldeh , Maen Abdel-Rahim Juwaihan

Keywords | الكلمات الدالة

The Competent Court, The Military Criminal Procedure, The Military Justice Director, Retrial, The Court Determined.

References | المراجع