Defense Precedes Prosecution in Front the Public Prosecutor in Jordanian Legislation

Abstract

This study dealt with one of the most important topics related to an analytical study that provides treatment for the termination of the criminal in front of the public prosecutor on the basis of pre-prosecution or dismissal by drawing clear milestones for the problem of this defense raised before him, such as the other defenses raised before it, the most important of which are that relating to jurisdiction, and the defense related to the extinction of the case, the defense that the criminal case should not be heard, and the defense that the act does not constitute a crime or that the act does not require punishment, are formal defenses mentioned in accordance with the text of Article 67 of the Code of Criminal Procedure, and all of them differ from those substantive defenses that are presented before the trial stage and cannot be examined by the Public Prosecution and the study addressed this topic with clear and in-depth research, especially since it addresses the legal texts in some detail and reveals the shortcomings of the legal text that organized this topic, seeking to draw the attention of the criminal legislator to that, noting that the studies related to it were general, and it was not researched in a specialized manner, I hope that this research will contribute to achieving scientific benefit that will reflect positively on the practical aspect in the legal and judicial fields.