5 Criminal Trials in the Lebanese Law (Part 1) PDF

5- CRIMINAL TRIALS IN THE LEBANESE LAW (PART 1)  5 Criminal Trials in the Lebanese Law (Part 1) A. Introduction B. Classification of Crimes C. The Judicial Authorities D. Common Right Lawsuit & Personal Right Lawsuit E. All in All  A. Introduction The criminal ju...

5- CRIMINAL TRIALS IN THE LEBANESE LAW (PART 1)  5 Criminal Trials in the Lebanese Law (Part 1) A. Introduction B. Classification of Crimes C. The Judicial Authorities D. Common Right Lawsuit & Personal Right Lawsuit E. All in All  A. Introduction The criminal justice system in Lebanon is a complicated fabric influenced by many different legal systems. Navigating this system requires an understanding of how crimes are classified, the functions of judicial authorities, and the differences between the processes for common law and personal right cases. These important topics will be covered in detail in this talk, which will give a thorough rundown of criminal trials in Lebanon. B- CLASSIFICATION OF CRIMES  B. Classification of Crimes When we talk about the criminal procedures, we have to look into 2 things concerning the Lebanese Criminal trial courts: The Penal Code (Legislative Decree 340 in 1/3/1943) The Code of Criminal Procedures (Law 328 in 18/8/2001)  B. Classification of Crimes Crimes are categorized by the Lebanese Penal Code according to their seriousness and possible penalties. comprehension the nature of criminal offenses and the proper legal reaction requires a comprehension of this classification system. The legislation guarantees that each offense is given the seriousness it merits by making a distinction between felonies, misdemeanors, and violations. It also establishes a foundation for fair sentencing and judicial processes.  B. Classification of Crimes Crimes are to be classified in accordance to the specific Penal code to: 1. Crimes against State Security 2. Crimes against Public Safety 3. Crimes against Public Administration 4. Crimes that violate Judicial Administration 5. Crimes that violate Public Trust 6. Crimes that affects Religion and Family  B. Classification of Crimes Crimes are to be classified in accordance to the specific Penal code to: 7. Crimes that violate Public Morals and Ethics 8. Crimes against persons 9. Felonies to constitute a comprehensive danger 10.Crimes committed by dangerous persons 11.Crimes against property 12.Violations B. Classification of Crimes Physical link Moral  B. Classification of Crimes We have several penalties based on the severity of the crime as: Death Penalty Sanctions depriving liberty (Hard Labor, Imprisonment, Arrest) Sanctions restricting liberty (Deportation, House Arrest) Sanctions concerning defamation (Civil Deprivation, Prevention of Civil Rights, Adhering to ruling, Publishing the Judgement) Financial Sanctions (Fines, Confiscation and anything related to his financial liability)  B. Classification of Crimes And other decisions which are considered as precautionary measures preventing freedom such as detention in a rehab shelter, isolation, detention in a labor center and we have certain precautionary measures restricting freedom like prohibition to visit bars, prohibition of residence, monitored freedom, care, deportation from country and other precautionary measures restricting certain rights like the custody or the remove of the guardianship, prohibition from practicing a certain job, prohibition from carrying a weapon and other precautionary measures concerning real states like confiscation, precautionary bail, closing a store, suspending or dissolving a legal entity and other related to minors…  B. Classification of Crimes A crime is though intentional and not accidental. A criminal intent need to be existed no matter what and this is based on the acknowledge and the will to commit such crime.  B. Classification of Crimes A crime is though intentional and not accidental. A criminal intent need to be existed no matter what and this is based on the acknowledge and the will to commit such crime.  B. Classification of Crimes 1. Felonies: These are grave offenses that are punishable by harsh laws, which frequently include incarceration. Drug trafficking, armed robbery, and murder are a few examples. Sanctions can be considered from 3 years to 15 years and with certain severe cases to death penalty.  B. Classification of Crimes 2. Misdemeanors: Usually carrying fines or shorter jail sentences than felonies, misdemeanors are less serious offenses. Theft, assault, and drunk driving are a few examples. Sanctions are considered from 10 days to less than 3 years.  B. Classification of Crimes 3. Violations: These are small infractions that frequently carry fines. This includes infringement of some regulations and traffic laws. Theese are the case of a certain violation with less than 10 days.  B. Classification of Crimes The steps involved in Lebanese criminal procedures are as follows: 1. Investigation: To get information and identify suspects, law enforcement organizations carry out investigations. 2. Arrest and Detention: While more legal actions are being taken, suspects may be taken into custody. 3. Prosecution: Whether to charge the suspect is up to the Public Prosecutor's Office.  B. Classification of Crimes The steps involved in Lebanese criminal procedures are as follows: 4. Trial: The matter goes to trial in a court of law if charges are brought. 5. Verdict and Sentencing: The court decides whether the accused is guilty or innocent and, if found guilty, imposes a penalty. C- THE JUDICIAL AUTHORITIES  C. The Judicial Authorities A clear hierarchy of judicial powers is necessary for the efficient administration of justice in Lebanon. Together, these authorities (each with distinct roles and responsibilities) assure the unbiased and equitable execution of the law. These judicial bodies are essential in protecting the rights of the victim and the accused from the beginning of the investigation to the verdict. The principles of Criminal Trials in the Lebanese Law Types of Criminal Courts Types of Criminal Courts in Lebanon ▪ A criminal single judge who hears all misdemeanor and contravention cases. The public prosecution shall not appear before him. ▪ A court of appeal which consists of several chambers and each chamber of it consists of a president and two counselors. The Public Prosecution is represented in front of this court. Types of Criminal Courts in Lebanon ▪ The court of cassation which consists of several chambers and each chamber of it consists of a president and two counselors. The Public Prosecution is represented in front of this court. The Public Prosecution Department: ▪ The Lebanese judiciary is composed of ruling judges (seated judges) and public prosecution judges (standing judges). ▪ The Public Prosecution department represents the interests of society before the civil and criminal courts. The Public Prosecution Department: ▪ Its role in criminal cases is to initiate public prosecution, and to initiate criminal prosecutions against suspected persons of committing crimes. ▪ The public prosecution departments must respect and adhere to the spatial authority of their department. The Public Prosecution Department: ▪ The Public Prosecution office is subject to a very advanced hierarchy. Every attorney general should respect his superior in the Public Prosecution office. ▪ Appeal public prosecutions are chaired by a public prosecutor who reports directly to the Minister of Justice. He shall be assisted in the performance of his duties by one or more attorneys general. The Public Prosecution Department: ▪ The Public Prosecution Office of Cassation is headed by a Cassation Public Prosecutor and assisted by attorneys general. ▪ His authority covers all the Lebanese territory, and his position is located in Beirut. The Public Prosecution Department: ▪ According to the principle of hierarchy, the Public Prosecution judges receive written or oral instructions from the Public Prosecutor at the Court of Cassation. The Public Prosecution Department: ▪ The Minister of Justice comes at the top of the pyramid of Public Prosecution Department, although he is not considered as a member in this department. ▪ His powers include all prosecutors and employees through the Public Prosecutor at the Court of Cassation. Types of Criminal Courts in Lebanon In each governorate (district): ▪ Investigation Department which consists of a first investigating judge and one or more investigative judges. ▪ Accusatory Chamber and the duties of this chamber are assumed by one of the chambers of the civil appeal courts. The Investigating Judge The Investigating Judge: 1) The First Investigating judge heads the department of investigating judges and supervises the work of all people within it. 2) The common right lawsuit and the personal right lawsuit are submitted to the first investigating judge. 3) He personally investigates the important cases and allocates the other cases to the investigative judges in his department. The Investigating Judge: When a witnessed crime occurs: The investigating judge must move to the place where it occurred and initiate the investigation into it without waiting for the arrival of the Public Prosecutor. If the Public Prosecutor attends the Investigating Judge shall not be entitled to participate in the investigation. # The investigating judge in the witnessed crime exercises all the powers that the attorney general enjoy. # After completing the investigations, he shall deposit the papers of the case to the Public Prosecutor who shall makes his requests.  Duties and Role of the Investigative Judge: 1) Conduct preliminary (initial) investigations in criminal cases in order to determine suspects. 2) Gather evidence and to bring the defendant before competent courts to be tried. 3) Is required to conduct a preliminary investigation when a felony is concerned and not required to conduct a preliminary investigation when a misdemeanor is concerned. 4) Must conduct investigations in an objective manner and not in a subjective manner (personal). The Accusatory Chamber The Accusatory Chamber: 1) It is located in, and is one of the civil chambers in the court of appeals. 2) Is composed of a president and consultants and it convenes whenever needed. 3) The Accusatory Chamber is the indicting authority in criminal matters. 4) It also acts as the appellate review of the investigative judges decisions. The Single Criminal Judge The Single Criminal Judge: Puts his hand on the case in one of the following ways: 1) The Public Prosecutor's claim. 2) The personal right lawsuit filed by the aggrieved party with the character of a personal claim. 3) The criminal decision issued by the investigating judge or the Accusatory Chamber. The defendant must attend in person in front of the Single Judge, or he can entrust a lawyer on his behalf. The Single Criminal Judge: The Single Judge examines the facts mentioned in: - The Public Prosecution claim - The personal complaint - The indictment decision He shall look at the circumstances and facts associated with the alleged crime. If he considers that the alleged offense constitutes a felony, then he shall declare that he does not have jurisdiction to hear the case. The Single Criminal Judge: Upon commencing the trial: 1) The clerk reads the prosecution’s claim or the suspicious decision. 2) The judge shall hear the statements of the personal claimant or his attorney. 3) The defendant shall be questioned in the presence of his attorney. 4) The parties to the case may request witnesses named by them, and the Single Judge may summon the witness he sees the benefit of hearing him. The Single Criminal Judge: The witness is not heard except after he has taken the following oath: “I swear by Almighty God that I testify to the truth And nothing but the truth.” When the judge finishes hearing the witness, the personal plaintiff or his attorney and the defendant or his attorney may ask him questions through the judge. The Single Criminal Judge: After completing what the judge deems necessary to secure his conviction: 1) He shall listen first to the demands of the personal claimant or to the pleading of his attorney. 2) He shall listen then to the defendant or to the pleading of his lawyer. 3) He shall conclude the trial and issue his judgment. In his judgment - The judge would either decide the conviction of the defendant. - Or declaring the latter innocent and immediately releasing him if he was arrested. The Criminal Court (Assize court) The Criminal Court (Assize court): # The Criminal Court is composed of a president and two counselors. # It is held in the presence of the Public Prosecution or the Attorney General and the clerk. # The court puts her hand on the case according to an indictment decision accompanied by the Public Prosecution Claim. # The court hears crimes of criminal description and the misdemeanors associated with them. The Criminal Court (Assize court): # The President of the Court supervises the securing of order in the courtroom and takes the necessary measures for the smooth conduct of the trial. # The Members of the security forces who are in charge of policing the court shall obey his orders in this regard. # The president conducts the sessions and the discussions according to the order he deems appropriate. # He has the right to reject any request that would prolong the trial. The Criminal Court (Assize court): Trial Steps At the beginning of the trial: # The facts stated in the indictment decision are read. # The president summarizes to the defendant the facts stated against him in the indictment decision and the evidence that supports the said facts. # The personal claimant repeats the outcome of his claim and declares his demands or waives his rights in the lawsuit. The Criminal Court (Assize court): Then: # The public prosecution representative explains the reasons for the indictment and submits a list of witnesses of the common right. # The president of the court interrogates the accused. Questions through the president are permitted From: Court counselors Personal claimant Representative of the Public Prosecution office Attorney of defense The Criminal Court (Assize court): Trial Steps Then: # The president summons each of the witnesses to testify after taking the legal oath. # After hearing the witnesses, gathering the evidences, and putting them under discussion, the court gives the speech to the personal plaintiff to make his demands. The Criminal Court (Assize court): Trial Steps Then: # The representative of the Public Prosecution Department pleads and gives whatever evidences and arguments he sees in the case, and ends with defining his demands. # The defense agent pleads on behalf of the defendant and specifies his demands as well. # Trial is concluded. The Criminal Court (Assize court): # The trial is conducted orally. # The president can decide to record it in audio or visual form. # All the evidences must be under public discussion between the parties. # The criminal materials should also be presented. # experts who have performed technical tasks in the case may be invited to seek clarification from them. D- COMMON RIGHT LAWSUIT & PERSONAL RIGHT LAWSUIT  D. Common Right Lawsuit & Personal Right Lawsuit Common law lawsuits and personal rights lawsuits are the two main categories of litigation recognized by the Lebanese legal system. Every kind has unique traits, requirements for the procedure, and solutions. People who are looking for justice through the judicial system must comprehend the distinctions between these two groups. The proper legal framework will dictate the litigation's trajectory and possible results, regardless of whether it is a property rights dispute, a contract violation, or a personal injury claim. Common Right Lawsuit & Personal Right Lawsuit: ▪ The common right lawsuit, is entrusted with the judges of the Public Prosecution Department. )‫)دعوى الحق العام‬ ▪ The personal right lawsuit is the right of everyone affected. )‫(دعوى الحق الشخصي‬ The Common Right Lawsuit The Common Right Lawsuit: ▪ The Public Prosecutor shall undertake the tasks of practicing the common right lawsuit. ▪ It is also permissible to file a personal right lawsuit pursuant to a common right lawsuit before: - same judicial authority - civil courts The Common Right Lawsuit: ▪ Every affected person by any crime may take the status of a personal prosecution before: - First Investigating Judge felony or misdemeanor - Criminal Single Judge misdemeanor or contravention ▪ He may also join the common right lawsuit before the criminal court (Assize court). The Common Right Lawsuit: ▪ The affected party shall also initiate the common right lawsuit if the Public Prosecution did not initiate it. ▪ The affected party may also withdraw his personal claim or reconcile with it. ▪ This procedure shall not affect the common right lawsuit. The Common Right Lawsuit: ▪ The common right lawsuit shall be filed before the criminal authority in whose jurisdiction: # The crime occurred. # The defendant’s domicile is located. # The defendant was arrested. The Common Right Lawsuit: ▪ The common right lawsuit shall be dropped for one of the following reasons: # The defendant’s death. # General amnesty. # The passage of time (10years- felony) (3 years- misdemeanor) (1 year- contravention) # By dropping the personal right lawsuit The Personal Right Lawsuit The Personal Right Lawsuit: ▪ Every person affected by a felony or misdemeanor has the right to file a complaint directly in front of the First Investigating Judge who has jurisdiction over: # The place where the crime occurred. # The place of residence of the defendant. # The place where he was arrested. The Personal Right Lawsuit: ▪ A complaint in which the claimant takes in it the character of a personal claim automatically triggers the common right lawsuit. ▪ If the personal claim is not available, the complaint shall be considered as news and referred to the Public Prosecutor to take a position on initiating the common right lawsuit. The Personal Right Lawsuit: ▪ The first investigating judge personally investigates the direct complaint and has the right to refer it to one of the investigative judges in his department. ▪ The judge who placed his hand on the direct complaint shall directly begin his investigation.  E. All in All To sum up, legal principles and procedural safeguards interact intricately throughout the Lebanese criminal justice system. Navigating this system requires an understanding of how crimes are classified, the functions of judicial institutions, and the differences between common law and personal right cases. Lebanon works to preserve justice and defend the rights of all of its residents by acknowledging the seriousness of various crimes, guaranteeing the fairness of the legal system, and offering suitable legal remedies.