Rehabilitation in the Palestinian Code of Criminal Procedure No. 3 of 2001

Abstract

This research aims to identify the concept of rehabilitation, the most important effects of it, the procedures for submitting it, the authority authorized to dismiss it, and the most important legal provisions associated with it. To achieve this goal, the researcher used the descriptive and analytical method, with the aim of collecting various information and ideas, and including them in a scientific way, by studying legal texts and jurisprudence, while addressing the various jurisprudential opinions related to the subject of rehabilitation, as stated in the Palestinian Code of Criminal Procedure No. 3 of 2001.

The researcher reached a set of results, the most important of which are: most of the laws decided to provide for the rehabilitation of the convicted and made it a system established in favor of the convicted persons under which they can improve their conduct and behavior in order to reward them by rehabilitating them. Rehabilitation has certain legal effects, and these effects do not differ whether the rehabilitation is legal or judicial, the conviction is eliminated from its foundation and does not have any future effect other than the past. Rehabilitation also entails two types of effects for the convict: the erasure of the conviction and the restoration of rights.

Accordingly, the researcher recommended a set of recommendations, the most important of which are: not only to hear the statements of the litigants at the discretion of the court only, but also to allow the litigants - the applicant for rehabilitation or the Public Prosecution - to request this from the court, as well as to provide for the rehabilitation of the legal person from a criminal point of view, whether it is a public legal person such as associations and organizations or a private legal person such as commercial companies, due to the large number of companies and the multiplicity of activities they carry out, which leads them to commit criminal offenses.