Protection of the accused in the special and exceptional courts in the Lebanese and Algerian legislation and judiciary

Abstract

It would not have been possible for mankind to take steps on the path of civilizational progress, had it not been for the steady development that occurred in the constitutions and laws regulating the relationship of the ruler with the ruled, and the relationship of the ruled among themselves, and ensuring respect for the implementation of the legal system while ensuring its development in a manner that respects human dignity and freedom and preserves his natural and political rights from By securing the independence of the judiciary and the rule of law, which today constitutes an essential pillar of democracy and an essential pillar of the modern state.As for the countries that are ruled by totalitarian regimes such as our Arab countries, including Lebanon and Algeria, and especially Iraq of course, they work day and night to establish their rule in various ways and methods, so they follow the path of marginalizing the judiciary and undermining its prestige through the enactment of laws, legislation and customary orders, and the establishment of courts and exceptional cases that help it to survive. to rule endlessly; Where it excels in creating courts under different names, starting with the National Security Courts, the Field Courts, the State Security Courts, the People’s Court, and the Revolutionary and Sharia Courts, and not ending with the Terrorism Courts.What matters most to individuals in any society is that their rights are protected by law, and that a judiciary be able to protect these rights. The court plays a pivotal role in criminal cases, so it must be far from all influences that disturb the balance of justice, and to embody this on the ground it must The court relies on judges who cannot be touched by suspicion, accusation and lack of integrity in their work, so we will try to clarify the relationship between the guarantees of the accused and the judicial authority. Rather, the unusual methods of appeal are the special rights of the accused as an exception in criminal trials, and they are those methods that the legislator does not allow for the accused, unless he mourns a specific defect from the defects stipulated by the law exclusively, and the unusual methods of appeal do not aim to repeat