النتائج (
الإنجليزية) 2:
[نسخ]نسخ!
And we take are as follows - as a first - the first two faces and II and two: violation or omission of material base in the proceedings. And Advantaged two-sided violation of the judgment or the contested decision is essential to base the actions taken during the course of the proceedings or during sentencing or resolution, and must Note that the legislator in the Code of Criminal Procedure has stated "violation of fundamental rules in the proceedings," while mention the old Civil Procedure Law "violation or omission of material base in the proceedings," while the new civil procedure and administrative law came detailed so that said two faces and two: 1. Violation of a fundamental base in the proceedings, 2. Losing sight of the fundamental procedures shapes, and in any case is meant is a contravention of rule of procedure and that apply to non-face that he wanted the legislature or omission applied inadvertently or intentionally, then the need for this rule to be substantial and not a minor, and can be accessed determined by Note the impact of the violation of the rule stated for the center of any party to the proceedings or his rights, when the offense lead to damage his position or his rights are procedural rule that signed a substantial violation, and If not result in violation of the procedure of any damage for those who raise this face, the procedure is not essential, and the wisdom behind it that is of paramount importance in the judicial work procedures because of their ramifications of protecting the rights of the parties in the face of each other, and on the other hand adjust the actions of judges and their assistants and spare them as much as possible chances of omission or exaggeration or deviation inadvertently or intentionally in favor of the party without the other, and on the other hand, the legislator is required to be the action that occurred violating essential so as not to be lower irregularities formal Statistics reason for the veto, which negatively affect the proper administration of justice and exhausting burden on the judicial authorities to no avail. and standard distinction that signed the text in French law of Criminal Procedure in article 802, which states that in case of violation of the formal conditions provided for by law under penalty of nullity or non-observance of the fundamental procedures, each point of the rule, including the Court of Cassation, which report to the request null and void or that automatically raise this violation , it can not be authorized unless the invalidity was dragged to the offense prejudice to the rights the party that you mean.
يجري ترجمتها، يرجى الانتظار ..
