أحكام الإفراج المؤقت في مرحلتي التحري والمحاكمة في القانون السوداني والمقارن

Abstract

This research is about provisions of interim release, during investigation and court proceedings. The research is attempting to bring recognized definitions of the term, conditions, crimes those possibly to be subject to interim release for accused persons, appropriate authorities and appeals. This research will use a comparative approach, between the current criminal procedures act of 1991, previous acts of Sudan, and similar Arab laws. The importance of such research comes, when it addresses the notion of innocence as justifying the use of the interim release; as the notion tells that, person is innocent until final judgments declare he or she I not innocent; therefore detention is not a punishment, but it is a criminal procedures.

This research will answer the question of: is the Sudan law maker authorized the judge to renew the detention of the accused person for more than three days, without providing the right of interim release. We recommend in this research to amend the current law by adding a section states that, in all cases – excluding crimes might sentenced by death penalty or life imprisonment -  when there is no strong justification, the judge should refuse to renew the detention, and to make his order to release with bail. Such amendment promotes the notion of innocence, and emphasizes human rights as enshrined in the Sudan constitution.