كلية القانون - دكتوراه

Permanent URI for this collectionhttps://repository.neelain.edu.sd/handle/123456789/1057

Browse

Filters

2000 - 200981

Settings

Start date: 2000End date: 2009

Search Results

Now showing 1 - 10 of 81
  • Thumbnail Image
    Item
  • Thumbnail Image
    Item
    الحكم الشرعي بين التوقيف والإباحة وأثر ذلك في الحوار
    (جامعة النيلين, 2002) يوسف علي طه الكودة
    ABSTRACT The Title of this research is “the Sharii Ruling Between Saspension .and Exeulpation ; and the impact on dialogue “. .The content of the research are practical topics, which are needed by all those who differ in their opinions, and the dialogists in this religion. The purpose the fair and obliging resolution of conflicts for both dialoging parties. l siwsllgly believe that what is involved in this fandamentalist research is not only what is needed in religious dialogue, but what is needed in such dialogue in the spheres of debate and deliberations today. it is on whom would the burden and onus of proof lies when entaring into dialogues and discussions between two porties This important issue was treated in a way, which may clarify it, in five chapters. These chapters contained talks about the sharii rulings, eontrivance (.Bidaa) and innovation in religion and the need to worship Got! ihrougli what he promulgated. This is the first part ol' the ruling as based on fluldanleutalist ‘Figh’ . The other part oi" the ruling, the research handled the topic of association (lstihab)- the original innocence- to show that the origin in thing is freedom and exculpation. Lastly the research was conclude by a chapter on dialogue , it polite behavior and artistic flair.
  • Thumbnail Image
    Item
    الاشتراك الجنائي
    (alneelain, 2008) ركان سعود قفطان العدوان
    Abstract Criminal complicity is considered one of the most important topics in the Sudanese penal code and the Jordanian penal code. This is because of the high accuracy of its definition. This concept allows us to identify the perpetrator of the crime and the accomplices whether it was done through agreement or without an agreement, and how the crime was committed in the case of the presence of criminal agreement or without it. Thus there is some difficulty in identifying the criminal liability of each accomplices .As known, crime in general is committed in an individual way, whereas in the case of criminal complicity it is done by a group of people which makes complicity stronger and more resolute. These crimes can be more violent because the criminals back and cover each other. The cause of choosing this topic in this study is because it is very important from practical and theoretical field in our societies and to shed some li ght on the kinds of criminal complicity, its definition, its aspects and its retribution. This study presents a comparative study between the Sudanese and Jordanian penal codes, about criminal complicity, its general definiti on which means that a number of individuals participate in committin g a crime with a criminal intent and a criminal purpose. Crime in general has a detrimental effect on the societies and the individuals bes ides, thc perpetrators participation in a crime can promote more crilJ. '~s through facilitating the crime and helping the perpctrator .thus no cri minal liability occurs against someone unless they committed a c:ime and participated in its execution . This study is divided into five chapters: Chapter one: discusses the definition of the crimi nal(penal ) complicity, its elements, and its basics principles according to th e Sudanese and Jordanian laws. Chapter two: discusses the Cllrrent legislation theories about criminal(penal) complicity according to the Sudanese and Jordanian laws chapter three: discusses kinds of criminal (penal)compli city for the perpetrator and the accomplice according to the Sudanese and the Jordanian laws. This chapter also di scllsses the order to commit a crime and the duress to commit a crime. Chapter four: includes special aspects of criminal(penal) complicity between the Sudanese and Jordanian laws. These aspects are: Criminal complicity to execute a criminal agreement or without a criminal agreement . The order to commit a crime, the duress to commit a crime . criminal agreement, instigation, and aid. Chapter five: presents special aspects of criminal(penal) complicity in the Jordanian law which have no equivalent in the Sudanese penal code expect in certain cases. The study results showed that: The topics of the multiplicity of perpetrators and accomplices of the crime are called either criminal contribution or criminal participation. The Sudanese law uses the tenn penal participation whereas the Jordanian law uses the tenn (criminal participation). They are two expressions of the same tenn. * Although there IS a difference in the tenns of the criminal penal Participation between the Sudanese and Jordanian laws, we find the practical principles are almost the same. ecuted in a planned * Complicity to commit a CrIme tlu·ough organized way and criminal agreement is considcred one of the usually more dangerous than other most dangerous crimes according to the Sudanese Jurispmdence which included it in articles (2 1 - 26). All countries should address complicity crime in their penal codes because complicity crunes are conunitted ti1fough premeditated agreement and plamung between two or more people. So it is excrimes. * there is a division of tile kinds of criminal penal participation between the Sudanese and Jordanian laws. The Sudanese penal code quotes six kinds of criminal participation: complicity as an execution to a criminal agreement ,complicity without a criminal agreement, the order to commit a crime ,the duress to commit a crime, criminal agTeement, instigation, and aid. Whereas tile Jordanian law quotes complicity in the penal code wlder chapter (liability). it classifies the accomplices into four kinds .they are : the perpetrators who include the accomplices ,the intelveners, the instigators, and tile people who hid tile perpetrators. * Instigations as an aspect of criminalClicity accordi ng 0 the Sudanese penal code is based on the creation of theme of the crime in an individual then supporting it to become a determination to commit a cnme. This support includes temptation, agreement or conspiracy and help. According to tile Jordanian law, the investigator is a person who encourages, or attempts to make someone else commit a crime through giving tl1em money or gift, or influencing them - through threat or tricks or mauls of power .in other words the Jordanian law put certain methods and ways to specify the insti gation crime. * the study offered these recommendations: - The study recommended that the Sudanese law identify methods and ways of instigation, so as the Judge abide by the law texts. *The Sudanese and Jordanian laws are recommended to introduce clarifying examples that better clarify kinds of criminal complicity. * The Sudanese and Jordanian laws should alleviate minor complicity crimes retributions and to limit them in the strictest manner so as not to be used as a context to violate public rights and freedoms of the accomplices who played minor roles in the crime and with good intent. * The study reconunended that the Sudanese and Jordanian laws alleviate minor complicity crimes retributions for individuals who played minor roles in the crime and with good intent.
  • Thumbnail Image
    Item
    علاقة السببية في القانون الجنائي : دراسة مقارنة
    (جامعة النيلين, 2005) محمد احمد اونور
    Abstract The main Issues which Study discusse the rule of causation in Criminology science. That impetration and explain that rules which depend onl] [1 i] in order to understand and analysis the crime that applied under many-crimes law in the rest of the all world. The discussion of the causation in this study covering five chapters as well as below 1) The first chapter contains tow sides. The first side gives a general introduction of crime and causation and impact Beside this show the tools that must be followed in discuss and analysis. The second side gives conceptualization of crime definition types. Fields spaces 2) The second chapter express and it relationship threw crime law and other laws. These connecting with the main theories that under applied among world .In general prospective with some cases to show main effect that aflected by the causation and it relationship understanding and analysis of crime causes. 3) The third chapter discusses the causation in criminal iaw give some cases that sentenced by the judgment among some countries. in order to understand the deveioping of causation through and it importance for analysis of reasons that makes action have had a resuit . By other side show that die causation must take place hum many experiences happened and that which continuously advanced. Many studies and researches has heing deveioping main side of sentenced punishment . 4) The Fourth chapter Gives especial cases in Sudan criminai law and causation relationship with some cases impetration the side of causation that avaiiable in criminai law recording to the basic of - law and how it work. 5) Thelast chapter Concentrating Causation di iscussion through doctors responsibilities -in Sudanese Criminal law with applied cases finisher by conclusion and recommendations.
  • Thumbnail Image
    Item
  • Thumbnail Image
    Item
    التنظيم القضائي في الدولة القعيطية بحضرموت : دراسة مقارنه مع القانون اليمني والسوداني
    (جامعة النيلين, 2006-01) متعب مبارك صالح بازيا
    The world has been witnessing today rapid progress in all fields of life as the revolution in the knowledge and information. Those ambiguous foundations and inflexible regulations have no place in the present developed world map. Consequently, the developing countries should be taken in consideration to progress their legal and judicatory foundations to realize the aspirations, ambitions and comforts of their peoples and to unification to the new world systems on the other hand. Yemen is one of those countries whose judicatory is far of reform and development. Corruption is spread over all. This is the main problem, the researcher has studied it. The thesis is a study of the judicatory of Al-Qaeety Sultanate in Hadramout-Yemen. It is a contribution to develop and to advantage of its characteristics in order to progress the present Yemeni judicatory. Academic studies are not found belong to the subject of this thesis. Only a general study of Yemeni judicatory introduced by Yahia Al-hashmee, who discussed in brief the judicatory of Al-Qaeety Sultanate in Hadramout. The researcher selected the analytic historical method in this study through the study of many contemporary, confident and reliable documents belong to the history of that period of the study. Then the researcher compares the present judicatory Yemen and Sudan with the judicatory of Al-Qaeety Sultanate – the subject of the thesis. The researcher concluded this study with results and recommendations, stressing that Al-Qaeety Sultanate judicatory should be considerable in order to develop the present Yemeni judicatory through the separation of the executive authority from the judicatory, as the present Sudanese judicatory
  • Thumbnail Image
    Item
    الخطأ في الجرائم غير العمدية
    (alneelain, 2007) وائل جميل بن طريف
    Abstract In this thesis I studied the general theory of error in accidental crimes. I tried to apply the contrastive approach on my research so as to be able to explain this theory in the simplest way to uncover the ambiguity. Also I followed the analytical approach to deduce the result that can be achieved from this work. This research a first chapter with an introduction that tackled the history of the error theory. This includes the historical development of error since the early laws up till now. I discovered that this theory of error was in existence as early as the pharaoh's law as well as Hamorabi law. It was also dealt with in the Greek era and was handed down to the Roman law. We noticed that the Islamic Sharia dealt with the error theory (4- 92). The Islamic, Scholars explained this theory in detail. In this chapter I tackled the history of error theory in Sudanese and Jordanian law. I concluded that this theory was dealt with as early as the establishment of the state. However, this theory falls short of complying with the recent increasing number of accidental crimes. This is attitude towards considering the error the most important element in the crime instead of the result which was previously considered as such. I concluded this chapter with dealing with the legal texts pertaining to error. My work concentrates on high lighting the texts that tackle the error in the Sudanese and Jordanian law jurisdiction. n the second chapter I studied three topics. This first topic tackles the nature of the error in accidental crimes. I concluded that two elements are necessary for the existence of error: 1. The negligence of cautiousness and alertness imposed by law on people behaviour. This has been dealt with under the following headings; a- the legal nature of the cautiousness and alertness duty. b- The conditions of the negligence of cautiousness and alertness. c- The sources of the cautiousness and alertness duty. 2. There should be a psychological relation between the criminal and the crime punished. This relationship takes two aspects:- a. The non-expectancy of criminal result. b. The expectancy of the criminal result. I tackled in the thread topic about the figures of error as it is mentioned in the Jordanian penal system. Material 64, it says if the error is committed by harmful or carelessness or the lack of cautiousness. In the thread chapter I tackled about the legal nature of the error ill accidental crimes. This chapter contains three topics. In the first topic I tackled the relationship between the error and science through: a- The nature of science its importance for error. b- The events that should be known or we should have the ability to know. c- The effect of ignorance or mistake on error. d- The knowledge oflaw in the error theory. I concluded that the doer should know for sure the material circumstances demanded by the law for accidental crimes is not necessary for the error to happen. But it can be available if the charged was ably and as his duty was to know the events. I also concluded that the mistake in events does not negate the existence of error so long as the criminal was able to avoid if he were cautious and alert, with relation to the role of the knowledge of law in the error theory I made it clear that Fight is divided into two approaches. The first approach doesn't stipulate the knowledge of the illegality for the error to exist. This is because the knowledge of the illegality of the action is not a condition for the availability of the moral aspect of the crime. This mistake of the illegibility doesn't negate the error. The second approach, however, stipulates the capability of knowledge on the part of the charged of the illegality of the action. Therefore it the doesn't know that his action contradicts the punishment law he won't be considered as erroneous. In the second chapter I talked about the relation between the error and the will. The following points were discussed: a- The nature of the want. b- The relation between the want and the objective, the incentive the aim and the error. c- The legal importance of the incentive and the goal. d- The want and the erroneous behaviour. e- The want and the criminal result. I concluded that both the knowledge and the want have their role in the form of the crime whether it is intentional or accidental. However, this role is less in the accidental crimes than it is the intentional ones. It is less clear in the error than in the intention. In the third chapter I tackled the fight conflict on the nature of the error and the basis of criminal responsibility caused by error. I presented the main theories that tried to solve this conflict they are: 1. The theory which explains the error as a defect in the want. 2. The theory that explains the error as a neglect of knowledge. 3. The theory that explains the error as dangerous behaviour. I gave preference to the first theory as I believe that it can form a basis for punishment for all accidental crimes where the want of the doer is directed towards a specific deed. In the forth section I dealt with the types of errors in accidental crimes and some applications of the court on it. This section is divided into two parts. In the first one I discussed the types of error material error and art error, simple errors and serious ones civil errors and serious one civil errors and criminal errors. I concluded that their divisions have no basis some reasons. The law texts are general. They don't differentiate between simple error and serious ones or between material and art ones. As for the criminal error and the civil one, I concluded to what the Jordanian court of appeal said there us no contradiction between issuing a degree of rewarding irresponsibility and another of civil compensation. The second part, however, dealt with the law applications on some error types in accidental crimes. I discussed the following: 1. Medical error. 2. Construction and destruction actions. 3. car accidents. In the fifth chapter I dealt with the criteria of error in accidental crimes and its slope. I divided this chapter into two parts. In the first part I discussed the criteria of error in accidental crimes. There is disagreement in the fight regarding specifYing the criteria that can specify the ability of the charged to expect the criminal result of his action. Three theories dealt with this conflict: 1. The Personal theory. 2. The objective theory. 3. The mixed up theory. I gave the mixed up theory more prominence because: 1. It agreed with the justice principles. It takes into consideration the' external circumstance and the personality. 2. It complies with the interest of the society. In the second part I dealt with the scope of the crime. a- The place of error in the general theory of the crime. b- The difference between the error and the criminal intention. The difference between the error and the possible intention. c- The differentiation between the error and the sudden accident and the domineering force. I concluded that the domineering force leads to the destruction of the materialistic aspect of the crime. The sudden accident, however, leads to the refusal of the moral aspect. The safe, criteria to differentiate between the error and the possible intention is represented by acceptance of the criminal result intention.
  • Thumbnail Image
    Item
    النظام القانوني لإبعاد الأجانب : دراسة حالة السودان
    (جامعة النيلين, 2001-10) ندي عثمان علي عمر
    Abstract Expulsion is a sovergeign act by which a state can order any allien resident in it to leave the country. This act may occur in different forms and as a result of certain causations. All legal aspects relating to expulsion forms the main field of study of this research. As far as expulsion is an interdiscip linary issue this research handled it both from international law point of view, likewise the domestic law. Laws of the Sudan regulating expulsion in comparison with the laws of some selected Arab states in addition to the ideas of different representatives of Sharia School of law were also discussed. This research reviewed expulsion and the legal complications arising fiom it in the West literature paying especial attentian to the internal and international mechanisms dealing with it in an attempt to highlight the most important areas of the issue in question. This research contained three chapters, As follows: ' Chapter one is a prelude which discussed the problematic of the definition of the term alien, The extent of his enjoying rights and burdening of duties. It also aimed at giving a specific limitation between the legal status of the citizen and the alien, as expulsion can be practisced only upon the latter, as legal theory and practise show. This needed to explain varioustypes pertaining to the treatment of aliens, in order to reveal the method of enjoyment of different rights such as: public, private and political rights. ' Chapter two was dedicated to explore the mechanism of expulsion in international law and Islamic law. This include the definition of the tenn expulsion in comparison with other similar termsuch as: deportation extradition, detention, renoition, redemption, repatriation and denial of entry. This chapter is divided into two sections: Section one deliberated the expulsion system in intemational law, its sources general rules, and the method of contesting acts in accordance with the international legal regulation I.e. arbitration, diplomatic. Protection the second section exposed the stance of the Sharia School of law vis-a-vis expulsion. ' Chapter three discussed expulsion in the Sudanese legal system in comparison with other Arab state. This took the form of identifying the method of entry of aliens, the legal nature of the administrative decision of deportation, the authority which has the competence to issue the act of expulsion, the fixed procedures which must be followed, method of contesting acts and the impact of expulsion upon the expelled alien. This chapter also included discussion of problematies of both expulsion and deportation and the means of solving them. After the deliberation of the item in question recommendations had to be coined:- 1- There is need to amend some provisions of the Sudanese law so as to cope up with the international ligislation of human rights in order to grant aliens the right of defence and the possibility of contesting the act of the Minister. 2- It recommended to grant alien a period 0f- grace in case of non- possibility of execution. -3- The judicial precedents pertaining to the decision of expulsion may be defussed or published, so as to benefit from them in the subsequent legal researches and studies. The research concluded with a list of the most important references.
  • Thumbnail Image
    Item
    الاساس الفقهي والتطبيقي لمفهوم التجريم في القانون الدولي العام
    (alneelain, 2008) نورالدين ادريس كوكو
    Abstract THE ruRISTICAL AND APPLICATIORY SUBSTRATUM OF THE CONCEPT OF THE CRIMINALIZING IN THE GENERAL INTERNATIONAL LA W. This research is about international criminalization or what is known in International Low as "The International Criminal Law". This sub-field of international law is. a newly established branch of law that stemmed out of the Second World War trials including Norman berg International trials of the European continent, and Tokyo International Criminal trials of the Far East during 1945&1946. The presence of criminal rules in any legal system remains highly essential within each state since such rules protect and maintain the life and the presence of humanity. Accordingly the international community, which is governed by international relations based on the General International Law, needs to protected and maintain such relations through the application and consideration of the international criminalization rules, whose violation may threaten and influence the international security and peace ,as well as endangering the essence and the fabric of the international community itself. The problem of the research considers the complications and the rejection that encounter international criminalization by the international community .Although all world countries have a well established believe of the importance of criminal law in organizing and ruling any legal sQ..ciety.ie that is evident in al the world countries recognition to their national criminal law and placing such laws at the top of the state legal organization; still such countries have negative trends towards applying criminal law at the international level, although they know how essential and important the international criminalization law is The international community have definitely no intension to return back to world conflicts and comprehensive disorder. This problem is embodied in certain international principals establish since the beginning of the application of the international law itself; such as the principle of sovereignty of states, the independence of countries and equality among the states. The international criminal law is highly considered as the absolute type of effective law in regard to its interference in human basic freedoms. Hence countries consider this law as being on element of interference with the sovereignty. Consequently the international criminal law remains an area of suspicion and complete rejection by many countries. It is evident that some influential Countries are using the international criminal law as a mean of suppressing other weak countries, although the former countries reject application of international criminal law on their people. The research objective deal with studying the particulars of the complications of the said area, in depth; to enlighten the related parties with the need for consolidating and straightens human right for all humanity. Here positive attitudes weigh the negative attitudes appreciated by state towards international criminal law. But since the international criminal law helps keeping and maintaining international security and peace, it becomes necessary to surrender some international principles. And rights occasionally, specially the question of sovereignty which does not have its absolute classical meaning and application on current 'international life. Hence it becomes necessary. also to convince uninterested countries to accept adopting the endorsement of agreements that originate from international criminalization. The hypothesis of this research considers that: The acceptance, endorsement, and application of this international criminal law by the international community and the related countries, facilitate a better opportunity for establishing international security and peace. Also the over estimation and unjustified consideration and realization of national independence and national sovereignty, beyond all needs of international security and peace, leads naturally to high risks and threats to the international community, like what happened in the last two world wars during the 20th century, as well as Yugoslavia and Rwanda .Our world is full of terrorists and adventurers who may use the right of independence and sovereignty for threaten international peace and security. The methodology of this research uses the descriptive analytical method that suits legal studies which depend generally on legal juristically approach that takes into consideration a philosophical, historical and instrumental background. Here the juristically efforts instruments, and the history of official sustainable application of international criminal law are analysis to facilitate the objectives of this study and the related hypothesis, results and recommendation. The research is divided into four chapters: and an introduc~ion which explains the problem objectives, purposes, Question, hypothesis and the methodology of the research. It also gives an over all explanation to the four chapters of the research and their content, with some emphasis on the general features of the research, its findings and the related recommendations. The first chapter is an introductory chapter which explains; haw the laws generally treat with criminalization and specially the municipal laws of the countries from its historical perspective. Chapter two deals with the theoretical framework of the research. It deals with the basis of the international criminalization, its historical origin under both the juristic and the official international efforts. It also covers the extent of the influence of the origin and the development of the international criminal law, internationalcriminalization and the basics of law on which criminal international rules were established, Here the legal basic and rules of international criminalization are associated with similar legal subjects. The chapter also demonstrates the location engaged by international criminalization in the world map. Chapter three is designed to review the literature of the research concerning the general and special criminal rules of the international criminal law; those general rules include both the basic principles of the criminal law and criminalization in the general international law, beside the liability of the states in committing international crimes and the related natural persons. Chapter four considers the most important part of the research related to international criminalization, Le. the internationally agreed international crimes and the attributed acts. Here the study is restricted to the area of international offenses discussed in the Diplomatic Conference of Rome which established the international criminal Court and its basic principles on 15June to 17 July 1998. The Conference concluded into four groups of international criminal court, such as Genocide offences, offenses against humanity, war crimes, aggression offences which remain unidentified by the basic principle of the court, and covenants crimes which were not finally discussed and hence delayed and to be supplemented later according to 5 Article (123) ofthe Basic principles. The chapter deals with the major three crimes mentioned above, in addition to aggression crime and covenants crimes to be considered as being assumed in the conference identification of such crime, and according to article 5 the previous experiences of cmsidering such laws. This chapter includes also the final results of the research on criminalization in international law, it is clear that the international criminal law applications do not reach the phases of applications achieved by the National criminal law of countries, which mostly covered all criminal gaps. It is noticed that international criminalization only trics to deal with criminal accidents and events that violate the international law within the limits of acts that may lead to the violation of international peace and security .Such acts which are deemed as international offenses ,do not essentially represent all the insecurities encountered by some states, such as terrorism. On the other hand such acts can not be neglected in favour of the states that may attend the international criminal court due to their internal and international polices. It is quite evident and clear that rules of international criminal law meet the minimum requirements for combating international criminal violations which may lead to international stability.
  • Thumbnail Image
    Item
    قواعد تسوية المنازعات التجارية في اطار منظمة التجارة العالمية وانعكاساتها على السودان
    (alneelain, 2002) مصطفى ابراهيم احمد عربي
    ABSTRACT The WTO's rules - the agreements - are the result of negotiations between the members. The current set was the outcome of the 1986-94 Uruguay Round Negotiations which included a major revision on Tariff and Trade. GATT is now the WTO's principal rule-book for trade in goods. The (UR) also created new rules for dealing with trade in the services, relevant aspects of intellectual property, dispute settlement, and trade policy reviews. Through these agreements, WTO members operate a non-discriminatory trading system that spells out their obligations. Each country receives guarantees that its exports will be treated fairly and consistently in other countries' markets. Each promises to do the same for imports into its own market. The system also gives developing countries some flexibility in implementing their commitment. The WTO's procedure for resolving trade disputes under the Dispute Settlement Understanding is vital for ensuring that trade flows smoothly. Countries bring dispute to the WTO ifthey think their rights under the agreements are being infringed. Judgements by especially-appointed experts are based on interpretations of the agreement and individual countries' commitments. The system encourages countries to settle their differences through consultation. Failing that, they" can follow a carefully mapped out, stageby- stage procedure that includes the possibility of ruling by a panel of experts, and the chance to appeal the ruling on legal grounds. In this study, the researcher has investigated the Dispute Settlement System in the WTO through the interpretation and analysis of the legal texts which it includes as well as comparing it to previous systems. The researcher studied cases of disputes presented to the WTO on which settlement rules had been applied; in addition to the examination of whether the system was effective enough in the settlement of disputes or not; and the hindrances that face it in the process of the practical application. The study has focused on how the Developing and the Least Developing Countries benefited from this system and to what extent it contributed to the observation of the rights of these countries. The researcher concluded that the system of Dispute Settlement in WTO represents an advanced stage compared to the previous systems. However, it needs periodical evaluation so as to address the shortcomings resulting from the practical experimentation. Furthermore, the Developing and the Least Developing Countries have to work hard to restructure their infrastructures and to develop their human resources in order to be able to benefit from the Dispute Settlement System.