المسائل العارضة الجنائية في القانون المصري: دراسة مقارنة بالقانون الفرنسي

Abstract

This research addressed criminal interlocutory matters. They are issues which the final judgement in a case depends upon that are presented to a judge during the consideration of a criminal case. This requires him to suspend the case until the competent court decides on these issues. In addition, adjudication in criminal interlocutory matters is necessary to enable the criminal case to proceed, because it relates to one of the pillars of the crime against which this case is filed. It is also necessary that they are presented seriously and raised by the defendant. The study revealed that French courts do not suspend public lawsuits if an interlocutory matter which the decision in a case depends upon is raised before them, except in specific cases where the case is submitted to a misdemeanor court only.

Therefore, the main principle there is to take into account the powers of the original judge in interlocutory matters, which is in contrast to Egyptian law.  The study also showed that the Egyptian legislator only provided a legal clause about criminal interlocutory matters; he failed to clarify the procedures the court follows after it decides to suspend the case. He also failed to clarify the weight of the judgment issued by the competent court in interlocutory matters. Therefore, we suggest that he intervene to lay down a text that addresses these deficiencies. This should be similar to matters related to personal status upon which judgment is based in criminal cases