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Author: Dr. Youssef Mustafa Rasul
Abstract:The Fact is an essential goal that the criminal procedure law aims to reaching and disclosing it through the rules and procedures contained in the mentioned law, in which should be sufficient. The intended fact is how the crime took place, the circumstance surrounding it, the objective and the personal circumstances, as well as the identification of the real perpetrator of the crime. However, there are situations in which factual reality is not taken in the consideration for reasons of procedural interest that the legislator likely to justify. The legislator has created a type of fact called a judgment fact, which is assumed to be unconfirmed, based on evidence that maybe right or wrong in the same time. As well as established upon this fact various implications, such as: creating, modifying or canceling legal situations.
This research dealing with the study of concept of the judgment fact, as well as the reasons behind adopting it by the legislator in the criminal procedure law, through showing the most important themes in which indicated via the procedure texts.
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doi:10.23918/ilic2018.16
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Journal of Law and political science
ISSN: 2079-3901
16th year , No.(23), 10 May 2018
Vol.(1): Special Issue