The Authority of a Decision that There Are No Grounds to Institute Criminal Proceedings: Its Conditions, Grounds, and Effects

Abstract

The research in ordering the aspects of instituting a criminal Case was limited to the conditions of the order, its Causes, pretext, and effects, and it became clear that the Conditions are limited to the form only. And are Specified that it must be explicit and reasoned and that it be announced to those who have the to announce it. The reasons for this matter very legal right between legal reasons and objective reasons, and the legal reasons are dividing into: legal reasons of a procedural nature, and into legal reasons of an objective nature. The reasons of a procedural nature are those that relate in their entirety to the absence of one of the conditions for admissibility of the criminal case. as for the reasons of an objective nature, they the reasons in which the penalty can be imposed on the accused because of a circumstance or a cause that stipulates the material or moral element of the crime. In it, the investigator finds that the evidence is insufficient in the case, so he orders the grounds. For establishing it objective reasons are what is known as factual reasons and expressed by the fact that the incident is not punishable by law, or that the evidence is insufficient, and the authority of the matter is that there are no more than temporary arguments, as it is Permissible to abandon it if the reasons for that are available. The legislator has mentioned reasons that affect this authority, which leads to its abolition, and the order that there is no basis for filing a lawsuit when its Conditions are met, then is acquires authority, and as a result of this authority it has legal effects, which is to stop the Course of the lawsuit procedures, and the legislator obligated the order not to He directed the release of the accused who was detained in remand and is whose favor this order was issued.