Titre : |
تعويض ضحايا الجريمة في القانون الوضعي والشريعة الإسلامية دراسة مقارنة |
Type de document : |
texte imprimé |
Auteurs : |
امحمد بوصيدة, Auteur ; عبد الحفيظ طاشور, Directeur de thèse |
Editeur : |
جامعة الإخوة منتوري قسنطينة |
Année de publication : |
2017 |
Importance : |
663 ورقة. |
Format : |
30 سم. |
Note générale : |
2نسخ موجودة مكتبة المركزية
|
Langues : |
Arabe (ara) |
Catégories : |
Arabe القانون
|
Tags : |
التعويض ضحايا الجريمة آليات تعويض ضحايا الجريمة الشريعة الإسلامية indemnisation victimes d'actes criminels mecanismes d' indemnistion charia islamique compensation victims of crime compensation mechanism for victims of crime charia islamic |
Index. décimale : |
340 القانون |
Résumé : |
Compensation for victims of crime is the most important topic at present,
due to its sensitivity and attachment to a neglected and forgotten category, and
gained their share of suffering at the occurrence of a crime, and caused him
physical and material damages.
Compensation for victims of crime is the most important means of redress
they deserve through criminal justice, as in recognizing the reality of abuse on
the part of the offender and a symbol of self- As well as recognition of the right
to compensation in the healing of injuries and to the confidence in the criminal
justice system.
On this basis, this study aims to determine the measure of obtaining the
victim of their right to compensation by the different historical stages, from the
old systems to until today, Addressed the most important principles such as
compensation for The victim by the offender, and in the absence of solvency, or
has remained unknown, the idea has taken its way and began to take shape is
now the state's obligation to guarantee.
The study looked at the mechanisms that the victim is connected to
compensation, namely:
- traditional justice Mechanisms through civil action before the civil or
repressive jurisdiction, where the assessment of reparation is subject to the
authority of the judge and the principle of full reparation, which covers all
Damage without increasing or decreasing.
- modern justice mechanisms which allow access to compensation by the civil,
criminal or administrative courts, by crying out guarantee funds, or by
insurance. As well as the establishment of new mechanisms in the criminal
justice system, where compensation is one of the objectives of criminal policy,
such as criminal remedies, and can be done outside the judicial system by
following other mechanisms such as research Means that facilitate their access
to compensation, or through restorative justice mechanisms through the adoption
of the penal transaction and criminal mediation systems, which seeks to
compensate the victim. There is no need here for the application of the principle
of full reparation, It is generally possible to settle for sufficient and equitable
compensation, but simple procedures leading to prompt and urgent
compensation. By comparing all this to Muslim law (sharia), which has adopted
similar systems such as diah (blood price), transaction and mediation, especially
in violent crime.
|
Diplôme : |
Doctorat en sciences |
En ligne : |
../theses/droit/ABOU4191.pdf |
Format de la ressource électronique : |
pdf |
Permalink : |
index.php?lvl=notice_display&id=10683 |
تعويض ضحايا الجريمة في القانون الوضعي والشريعة الإسلامية دراسة مقارنة [texte imprimé] / امحمد بوصيدة, Auteur ; عبد الحفيظ طاشور, Directeur de thèse . - جامعة الإخوة منتوري قسنطينة, 2017 . - 663 ورقة. ; 30 سم. 2نسخ موجودة مكتبة المركزية
Langues : Arabe ( ara)
Catégories : |
Arabe القانون
|
Tags : |
التعويض ضحايا الجريمة آليات تعويض ضحايا الجريمة الشريعة الإسلامية indemnisation victimes d'actes criminels mecanismes d' indemnistion charia islamique compensation victims of crime compensation mechanism for victims of crime charia islamic |
Index. décimale : |
340 القانون |
Résumé : |
Compensation for victims of crime is the most important topic at present,
due to its sensitivity and attachment to a neglected and forgotten category, and
gained their share of suffering at the occurrence of a crime, and caused him
physical and material damages.
Compensation for victims of crime is the most important means of redress
they deserve through criminal justice, as in recognizing the reality of abuse on
the part of the offender and a symbol of self- As well as recognition of the right
to compensation in the healing of injuries and to the confidence in the criminal
justice system.
On this basis, this study aims to determine the measure of obtaining the
victim of their right to compensation by the different historical stages, from the
old systems to until today, Addressed the most important principles such as
compensation for The victim by the offender, and in the absence of solvency, or
has remained unknown, the idea has taken its way and began to take shape is
now the state's obligation to guarantee.
The study looked at the mechanisms that the victim is connected to
compensation, namely:
- traditional justice Mechanisms through civil action before the civil or
repressive jurisdiction, where the assessment of reparation is subject to the
authority of the judge and the principle of full reparation, which covers all
Damage without increasing or decreasing.
- modern justice mechanisms which allow access to compensation by the civil,
criminal or administrative courts, by crying out guarantee funds, or by
insurance. As well as the establishment of new mechanisms in the criminal
justice system, where compensation is one of the objectives of criminal policy,
such as criminal remedies, and can be done outside the judicial system by
following other mechanisms such as research Means that facilitate their access
to compensation, or through restorative justice mechanisms through the adoption
of the penal transaction and criminal mediation systems, which seeks to
compensate the victim. There is no need here for the application of the principle
of full reparation, It is generally possible to settle for sufficient and equitable
compensation, but simple procedures leading to prompt and urgent
compensation. By comparing all this to Muslim law (sharia), which has adopted
similar systems such as diah (blood price), transaction and mediation, especially
in violent crime.
|
Diplôme : |
Doctorat en sciences |
En ligne : |
../theses/droit/ABOU4191.pdf |
Format de la ressource électronique : |
pdf |
Permalink : |
index.php?lvl=notice_display&id=10683 |
|