Post-trial guarantees for the accused

A comparative study In view of Palestinian legislation and international standards "the Rome Statute

Abstract

When the accused commits a crime or engages in any criminal conduct or action, the state’s right to administer punishment is invoked. The primary avenue for exacting this punishment is through a criminal case. Therefore, the Code of Criminal Procedure exists to regulate and implement the provisions of the Penal Code. Consequently, it is imperative to establish guarantees for the accused at all stages of the trial. These safeguards are stipulated by international charters and national legislation to facilitate a just, equitable, and impartial trial. It was thus necessary to delineate the protections available to the accused in the post-trial stage, as endorsed by international charters and standards. The Palestinian legislator has endeavored to enshrine these protections within the principles of legality, which the court is obligated to respect and judiciously apply. This analysis underscores the fundamental importance of ensuring fair trial guarantees for the accused, elucidating the protections outlined in international standards and the Rome Statute, alongside those embodied in the Palestinian Basic Law. Concurrently, this discussion seeks to clarify the assurances embedded in the Palestinian Code of Criminal Procedure by spotlighting these guarantees and their corresponding legal texts. Examining the protections afforded to the accused in the post-trial stage, we discern that they are firmly anchored in Palestinian legislation, aligning seamlessly with international standards from various sources and upheld in the Rome Statute (the statute of the International Criminal Court).