حقوق المتهم في مرحلة المحاكمة (دراسة مقارنة)

Abstract

The study discussed the rights of the accused at the trial stage "Comparative Study”, since the stage of the trial is considered one of the most important stages in the criminal proceedings. The accused at this stage enjoys the primal guarantee to his personal freedom, an inherent and applicable principle throughout the world in the various directions of States and criminal and legislative policies, since criminal justice considers the accused to be a person of dignity and innocence and is entitled to a fair and impartial trial. Moreover, justice is not harmed through the escape of an accused much more than punishing an innocent person with imprisonment. The study discussed the general rules and standards of fair trial, the general conditions and rules of the trial and the independence of the judiciary, the principle of presumption of innocence and the scope of application of the law, the concept of Nullity Theory and its impact on the rights of the accused, the rights of the accused at the trial stage, as well as the rights of the accused when armed conflict arises. The study concluded that the Criminal Procedures Law necessitates appointing a lawyer for the insolvent accused of specific crimes and penalties. This contravenes the International Covenant on Civil and Political Rights, which provides for the appointment of a lawyer regardless of the type of offense and its penalty. And that the concept of Nullity Theory in the Sudanese legislation is based on the fundamental errors that result in confusing the accused and making his defense so difficult. And that the estimation of cases of nullity of criminal proceedings is subject to the estimates of the highest courts. The study recommended that the accused’s allegations of torture should be considered in a serious and objective manner and should not be ignored, and that such allegations should be examined when there are reasonable grounds for their ratification. And that the Sudanese legislator, in the Code of Criminal Procedures, should provide for the nullity of any procedural action that is flawed in accordance with the principle of procedural legality, the need to identify cases of nullity in a clear and explicit manner without subjecting its estimation to the Court.