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The Charge and its Applications in Criminal Justice by Dr. Yassin Khudhair Al-Mashhadani
JOD
Get it by 5 Aug | Order in 3 Hours 4 Minutes
Praise be to Allah, who made perfection an inherent attribute of His supreme self and made error and forgetfulness attributes of His servants, so that His mercy may be manifest upon them in forgiveness and kindness. We praise Him who sent our Prophet Muhammad, peace be upon him, as a mercy to the worlds, and upon his pure family, his noble companions, and those who follow them in truth and guidance until the Day of Judgment. And now:
Crime gives rise to public and private harms and dangers. As long as there is a crime, there must be a perpetrator and a punishment. The escape of the offender from punishment is a manifestation of a flaw in society.
The rules of criminal procedure have not been isolated from the civilizational development of human societies throughout different eras. Instead, they have blended and resulted in social systems linked to the human movement to ensure personal freedom from encroachment. From here arose the correlation between the commission of a crime and the accusation attributed to the accused, which was initially characterized as purely individual. The Sumerians used the term 'accusation' for the first time, as mentioned in the Sumerian document that can be titled 'The Wife Who Concealed News of the Crime'.
The summary of this document is that a murder was committed in the land of Sumer around 1850 B.C., in which three men killed a temple official for unknown reasons. The murderers informed the victim's wife of her husband's murder, and the wife kept the murderers' secret and did not inform the official authorities. When the news of the crime reached King Ibsin, he referred the case to the assembly of citizens in the city of Nippur for a decision. Nine men rose to prosecute the accused. After discussion, they concluded that the crime was not limited to the three men who were the active killers, but that the wife should also be prosecuted for concealing the crime after learning of it, which implicated her in it.