Arrested in Penal Legislation Palestinian Comparative Study PDF |
| Muhannad Arif Sawan |
| Supervisor(s) |
| A. D. Mubarak Ahmad Khalidi - |
| Discussion Commity |
| 201 صفحة |
| Abstract : |
Abstract Thesis topic arrested in the penal legislation Palestinian Magarnhabgyerh of penal legislation of other legislation, such as Egypt and Jordan, where the British took freely rights legislation barring Bhaala prejudice in certain situations, the longer the arrest of the most urgent actions that Harrihfho limits, but Yadamhavi conditions Mainhlmakan interest safeguards prevent violations of individual freedoms and regulate the border which the authorities Alaamhassistas Bahawaadm involvement in the darkness of prisons without legal basis, without reliance on the principles, norms, rules and penal legislation, which states quite frankly the inadmissibility arrested and remanded rights Bammerman not legally competent authorities Hence the importance of this study. The researcher discussed paving the arrest by the conventions and international legislation (charters and declarations) and the arrest in legislation Arabhutenaul researcher in the first quarter definition of the law enforcement and judicial duties and powers of legislation based Alvelstineutarif criminal prosecution, powers and function of the trigger punitive and functioning as the enforcement of judicial and prosecution are the powers and functions related lawsuit punitive started from the stage to accept the complaint and the evidence gathered via MOVED criminal case and conducted by the Public Prosecutor and the researcher in the second quarter what tariffs and arrested him various aspects of jurisprudence and the judiciary to give a clear picture of each corner and then viewed it as identified through the arrest coupled relationship liberties the fact that the individual arrested symptoms, which are freedom and hence the distinction between arrest and some of the actions might like him stop and stop and physical exposure. In chapter III, a researcher with the arrest of authority law enforcement officers in the arrest and conditions of its implementation, cases and then search procedures after the arrest and then examine the elements of the crime arrests and all that through legislation compared to other legislation Palestinian, Jordanian, Egyptian and British and check these conditions and big and put it in balance with the extent of achievement of justice, fairness, freedom and human dignity. To achieve the best results, provide useful study meets the precise details must be followed researcher tried scientifically accurate and certified From this standpoint, the researcher followed the curriculum interpretative and analytical articles dealing with the Code of Criminal Procedure and Palestinian research on the topic and other punitive legislation and the gloss accurate, then followed researcher analytic method for devising what is inherent in it and then followed the comparative method by comparing the legal texts to each other and neither of them know more precisely whether the wording or meaning, which is more in line with the same researcher, and finally followed the curriculum cash to not only the interpretation, analysis and comparison, but we must all criticism a statement beauties and disadvantages and to develop appropriate texts in the run and then followed by Conclusion The research findings and recommendations. |
Wednesday, January 20, 2010
Arrested in Penal Legislation Palestinian Comparative Study
Detention in Palestinian Criminal Procedure
Detention in Palestinian Criminal Procedure PDF |
| Mohammad N. Weld Ali |
| Supervisor(s) |
| Na'el Tahoa - |
| Discussion Commity |
| 141 صفحة |
| Abstract : |
Abstract This study deals with the preventeve Detention (Detention) in the light of the Code of Palestinian Criminal Procedure and its modified articles including the articles of Remand procedure. The study discussed many subjects are contacted the main topic of this thesis. The study introduced the definition of Remand according the linguistic, scholarly, religiously and legally, despite of the differences between all of the scholarly definitions but they agreed that the main concept of Remand is: Arrest the accused person for a period of time until the end of investigation under the conditions and controls that established by the law. But because the law used the expressions of remand and arrests, the study used the Remand as the meaning of arresting the accused person for a period of time until the end of investigation under the conditions and controls that established by the law. It is preferable to use one and specific legal terminology to unify the legal procedures between Gaza Strip and West Bank. This study distinguished between the Remand and the similar procedures such as, the distinct between the administrative detention and Remand in related with the definition, authorized authority and the period. The study talked about the historical developments of the concept of Remand during the ancient Egyptian era, Roman era and Islamic law (Sharea’a) which was and still the most important legislative resource in Palestine. In addition to the international treaties and legitimacy. In the chapter tow, the study discussed the legal adaptation of Remand through discussion the principle of presumption of innocence which suppose the innocence of the person until proven otherwise, by final pronounced judgment that the person is guilty, then conciliation between all of this and Remand, and the distinct between the Remand and punishment. The study introduced the justification to arrests some person without final condemnation judgment, some of these justifications are: To calm the public opinion, preventing the accused fleeing, and the preservation of evidences which it might be destroyed or covered by the accused person if he/she stayed free. In addition to the preservation of the accused from the retaliation and to implement the punishment against the accused in case of guilty. In the second part the study discussed the objective conditions of arrest which are: the Crimes that allow executing the arrest against the accused according two categories, first one takes magnitude penalty if the Crime committed a felony or a misdemeanour punishable by more than six months, the criterion of residence which allows the arrest of the offender with unknown residence. The second condition, Presented by the need for a sufficient indications and reasonable reasons for the issuance of arrest warrant. Presented in the third requirement which is the arrest period it shown the standards that explained the length of stay (Remand or arrest) In terms of setting a maximum of arrest, it indicated how long can the jurisdiction Law enforcement and The Public Prosecutor arrest the accused person, The term can Magistrate issues an order as well as the Court of first instance. It presented at third subsection the Formal conditions to issue the decision of arrest and which authorised authority can issue the warrant of arrest and the necessity of question before the arrests, causing a decision of arrests and the implementation arrest warrant during a certain period, the evidences that contained in the arrest warrant which is The name and description or the position of the issuer of the arrest warrant, the endorsement on the decision by the formal stamp, The details of the accused, The charge that attributed against the accused, The specific article of the legal charge, the period of arrests, the accused address and the Commissioning of The superintendent of the prison to imprison the accused person. In the third chapter, it presented the end of the arrests or remand by the releasing as shown the definition of release and its considerations, the specialized authority, the types of release which contains, the mandatory release that enforced by law, The Jawazi release which issues by the public prosecutor or the court upon the self initiative or upon the accused request. It explained the Suspension release with guarantee, in addition to the definition of it and its conditions and how could be evaluated. At another subsection, it presented the effects of arrests which including the Counted of arrest period from the final judgement and the opinions of scholars about this. It discussed Re-arrest the accused again but it should be conditioned with causing decision and new situations. At third subsection, it talked about Control over the legality of the arrest decision that will be by the jurisdiction initiative or upon of the accused request. It presented how the detainee treatment should be and what the rights that should be given for the detainee according the international, Palestinian principles and laws. At the conclusion, it reached for general conclusions about all this research with some proposals to modify some formulation of some Palestinian articles in the Criminal Procedure law to afford more guaranties for the human beings and individual freedom. |
Perceptions of Najah National University students about democratic practices of the faculty members
Perceptions of Najah National University students about democratic practices of the faculty members PDF |
| Rula Abdul Rahim Harb |
| Supervisor(s) |
| Dr. Ghassan Al Hilo - |
| Discussion Commity |
| 108 صفحة |
| Abstract : |
Abstract
This study sought to identify the perceptions of An-Najah National University students towards the democratic practices of faculty members in it. In addition, the study examined whether these students’ perceptions differed according to sex, college, place of living and cumulative average variables. To these two ends, the researcher developed a questionnaire and administered it to the sample. The 40-item questionnaire revolved around the students’ perceptions towards the democratic practices of the faculty members. The population of the study was all An-Najah National University (16,000 men and women students). A randomly chosen sample was drawn from the population. The total sample amounted to 800 students of both sexes. The study raised the following question and tested the following hypothesis. What are the perceptions of An-Najah National University students towards the democratic practices of the faculty members? There are no statistically significant differences at α =0.05 in the perceptions of An-Najah National University students towards the democratic practices of the faculty members which may be attributed to variables of sex, college, place of living, and cumulative average. After data collection and analysis it was found that the over all score of students’ perceptions of the democratic practices of faculty members was average. The percentage of response of the total score was 62.0%. It was also found that there were statistically significant differences at α =0.05 in the perceptions of students towards the democratic practices of faculty members in the domains of fairness and equality among students and method of teaching. The overall score, between males and females, was in favor of males. However, no statistically significant differences were found in the domains of freedom of expression, academic course which might be attributed to variable of sex. In addition, there were no statistically significant differences at α =0.05 in the overall score of students’ perceptions towards the democratic practices of faculty members between males and females in favor of males which might be attributed to college variable. However, there were statistically significant differences at α =0.05 in the score of the students’ perceptions of the faculty members’ democratic practices in the domains of equality and fairness between city students and village and refugee camp students in favor of city students. No statistically significant differences, however, were found in the domains of freedom of expression, academic course and method of teaching which might be attributed to the variable of place of living. Finally, there were statistically significant differences at α =0.05 in the score of students’ perceptions of faculty members’ democratic practices which might attributed to the cumulative average variable in favor of those who had very good and excellent students. In the light of these findings, the researcher recommends the following: · Holding regular cultural and intellectual seminars for faculty members with the participation of both parties in the university to foster concepts of democratic life, values, and practices. · Supporting and reinforcing student union practices and enhancing democratic values in the contexts and trends in these practices and working towards the purifying of the atmospheres of these practices from anti-democratic values. · Fostering democratic principles and finding ways to achieve them on the university campus for teachers, students and administrative team. Conducting further studies on democratic practices and students’perceptions of these practices at other Palestinian universities.
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Urban Agriculture as Tool for City Planning Nablus City as a case Study
Urban Agriculture as Tool for City Planning Nablus City as a case Study PDF |
| Al Hudhud, Husam M. K. |
| Supervisor(s) |
| Ali Abdulhamid; Azzam Tubaileh - |
| Discussion Commity |
| صفحة |
| Abstract : |
Urbanization is one of the major issues facing mankind today and is in its extent unique in world history. Neither international government bodies nor national or local governments are well prepared to deal appropriately with this development but none of them can afford to ignore this phenomenon. It is expected that by 2020, 40-45% of the poor in the Palestinian territories will be concentrated in towns and cities such as Nablus. The population projections showed that more 424,400 inhabitants will be served by the Metropolitan Nablus municipality in the year 2025. The rapid increase of population almost accompanying with the increase demand on food, space , water, job opportunities and renewable resources. The huge estimated quantities of consumed food by Nablus dwellers estimated in year 2000 at 38,584 tons will defiantly increase making the situation more complicated for the city planner to secure the city from the food consumption point of view, construction of suitable roads, storage facilities, lands for cultivation, and preserving enough water for irrigation. However, in the light of water scarcity which jumped from – 1,322 m³ per year in 2005 into -30,697 m³ per day in year 2025, and the decrease of the per capita available land from 150 m² in year 1989 to 78 m² in year 2000 in the light of high percentage of unemployed inhabitants, will complicate the problems of city planning. This research which aimed at introducing urban agriculture as a tool for city planning have had investigated the impact and methods of such and as appropriate mitigation measure against major city problems in the city planning have a huge important conclusions leading to multiple scenarios to mitigate the problems of immigration of rural people to the city center and against the environmental hazards associated with urbanization such as the increase of solid wastes amounts, untreated waste water and many others. It is important to involve the multiple stakeholders in urban development utilizing urban agriculture as a tool for city planning due to its significant capabilities in preserving the environment, reforming the land use, mitigate random immigration, offering job opportunities. Representatives including municipal departments, NGO's, local leaders, village councils, private sector, academic or research and interested institutions must be involved in the planning processes is essential in order to address the needs and priorities of the different stakeholders involved, as well as the specific socio-economic and political-institutional context in each locality in order to allow better quality decision finding and making, improving likelihood of implementation and give the process a higher credibility for implementation. The local, provincial and national governments play a key role, ensuring the availability and secure tenure of land and water, access to public services, approval of regulations and standards, at the different levels of government are already engaged in many areas of service provision and regulation, such as urban planning, water treatment, waste collection, management of green spaces, which have direct interactions with urban agriculture. Finally, the methodological approach adopted during the preparation of this vital research was including the data gathering and analysis using SWOT analysis techniques and many other calculations using the basic computer software packages. The basic data was collected from different and wide sources of information including newspapers, reports, books, magazines, articles and many others. |
Planning of Public Services in Cities
Planning of Public Services in Cities PDF |
| Mohammed Ghassan Abdullrahman Abdallah Jurf |
| Supervisor(s) |
| Dr. Khaled Qamheih - |
| Discussion Commity |
| 162 صفحة |
| Abstract : |
Abstract This thesis is concerned with studying the planning of public services in cities in general and in Nablus city in particular, with emphasis on the distribution of these services in Makhfiyeh area as a case study for neighborhood units in the city. The study aims at identifying the status of public services that are required by the residents in the area. These services include educational, health, social, religious, cultural and recreational facilities as well as the public parks. The current situation of the services is analyzed and evaluated in addition to the determination of needs and existing problems. Moreover, certain strategies and proposals concerning the planning and development of these services are given in the light of the population growth and physical expansion of the city and the study area. The methodology of the study is based mainly of the both the descriptive and analytical research methods. The required data were collected from different sources, in addition to the data and descriptive information that were collected through the physical survey of the public services and land uses in the study area. Also, some interviews with experts and related persons in Nablus Municipality were conducted in order to have their opinion about the distribution of public services in Nablus city in general and in Makhfiyeh area in particular. The results of the study indicated that there is a lack in some public services such as educational, health, recreational, social, and cultural services both on the city level and study area level. Also, the results show the crowding of students in classrooms both in schools and in kindergartens. Furthermore, the study indicated the lack of public land for the purposes of establishing public services and facilities in Nablus city. The study has recommended the necessity of providing public services in Makhfiyeh area, particularly recreational, social and cultural services, in the light of population increase in the area. In addition, it recommended the revision of the distribution of public services, mainly educational and health services, in Nablus city as well as the provision of financial sources for sustaining land required for public services through the coordination between the municipality and other related governmental institutions. Finally, the study has emphasized the significance and necessity of considering the planning regulations and standards related to the distribution and allocation of public services in the areas of future expansion in the city in accordance with the expected population size. |
Planning of Public Services in Cities
Planning of Public Services in Cities PDF |
| Mohammed Ghassan Abdullrahman Abdallah Jurf |
| Supervisor(s) |
| Dr. Khaled Qamheih - |
| Discussion Commity |
| 162 صفحة |
| Abstract : |
Abstract This thesis is concerned with studying the planning of public services in cities in general and in Nablus city in particular, with emphasis on the distribution of these services in Makhfiyeh area as a case study for neighborhood units in the city. The study aims at identifying the status of public services that are required by the residents in the area. These services include educational, health, social, religious, cultural and recreational facilities as well as the public parks. The current situation of the services is analyzed and evaluated in addition to the determination of needs and existing problems. Moreover, certain strategies and proposals concerning the planning and development of these services are given in the light of the population growth and physical expansion of the city and the study area. The methodology of the study is based mainly of the both the descriptive and analytical research methods. The required data were collected from different sources, in addition to the data and descriptive information that were collected through the physical survey of the public services and land uses in the study area. Also, some interviews with experts and related persons in Nablus Municipality were conducted in order to have their opinion about the distribution of public services in Nablus city in general and in Makhfiyeh area in particular. The results of the study indicated that there is a lack in some public services such as educational, health, recreational, social, and cultural services both on the city level and study area level. Also, the results show the crowding of students in classrooms both in schools and in kindergartens. Furthermore, the study indicated the lack of public land for the purposes of establishing public services and facilities in Nablus city. The study has recommended the necessity of providing public services in Makhfiyeh area, particularly recreational, social and cultural services, in the light of population increase in the area. In addition, it recommended the revision of the distribution of public services, mainly educational and health services, in Nablus city as well as the provision of financial sources for sustaining land required for public services through the coordination between the municipality and other related governmental institutions. Finally, the study has emphasized the significance and necessity of considering the planning regulations and standards related to the distribution and allocation of public services in the areas of future expansion in the city in accordance with the expected population size. |
Integrated Water Resources Planning for A water-Stressed Basin in Palestine
Integrated Water Resources Planning for A water-Stressed Basin in Palestine PDF |
| Arafat, Aya R. |
| Supervisor(s) |
| Marwan Haddad; Anan Jayyousi - |
| Discussion Commity |
| صفحة |
| Abstract : |
In Palestine, failure to account for long-term scenarios of water availability is a concern given the potential for severe drought and the continuing misallocation of water rights and water distributions as well as the lack of policies to support integrated water resources management. Analysis to assess how to design future water resources, facilities, and management scenarios based on future measures and management practices as well as rainfall patterns for Palestine are investigated. This research focuses on building an IWRM model for Al Far'a catchment using WEAP program. After collecting all the required data and studying the existing situation, different scenarios are suggested here. Population growth was taken in to account in this work. The burgeoning population growth in Palestine is crucial to integrated water resources planning and management and is expected to increase the stresses on the already scarce water resources. The last step was calibrating the model to get the best fit model and better accuracy. Projection of these data into the future was approximated through many strenuous built-in relationships in WEAP model to assess the future water states. Thus, annual, and decadal future water availability is projected, characterized, and examined to support efficient and effective scenarios to sustain water resources management. This analysis of scenarios assessment and best management practices evaluation is performed for Al-Far'a watershed. Wherein, integrated water resource planning models that can simultaneously aggregate and process hydrologic and management elements are of paramount importance to aid decision planners evaluate the tradeoffs and priorities under different hydrologic realities and management objectives. The utility of the analysis to highlight the need for alternative water supplies; to quantify groundwater recharge; to evaluate water conservation and fair water allocation policies; and to provide guidelines for future non-traditional water supply projects are also presented and discussed. |