The Constitutional Entitlement for Litigation on Two Levels in Felonies

Ali Mostafa ALamin Gabr

Assistant Professor of Criminal Law, Prince Sattam Bin Abdulaziz University, Naif Saudi Arab. University for Security Sciences, College of Criminal Justice, Department of Criminal Law.

Abstract:

The present study has centred on the “constitutional entitlement for litigation on two levels in felonies, a crucial guarantee for achieving criminal justice and upholding the rights of defendants in criminal courts. To achieve this objective, a secondary qualitative approach was employed, which involved the use of an inductive approach. Data was collected from various online databases. The primary focus of this study is the principle of "litigation on two levels in the felonies." The analysis includes an evaluation of appeals against rulings on felonies and the constitutional framework of the criminal justice system. In addition, the study has also examined the future of the constitutional entitlement by considering two potential future hypotheses: (1) the natural future of the constitutional entitlement and (2) the end of the constitutional deadline and the legislator’s failure to respond to the constitutional entitlement and their effect. The findings of this study demonstrate that "appeal" effectively embodies the principle of litigation by encompassing both a right and a guarantee. It is worth noting that the Egyptian constitutional legislator expressed a clear intention to establish this entitlement in two consecutive constitutions. The relationship between entitlement and the constitutional system of criminal justice was firmly established. The study found a strong link between appealing criminal rulings and the constitutional system of criminal justice. This connection is based on the appeal being an objective constitutional right and a safeguard for a fair trial, protection of personal freedom, and the principle of innocence. Furthermore, significant solutions have been proposed for the enforcement of constitutional rights through the appeal process in felony cases.

Keyword:

Principle of Litigation, Two Levels, Fair Trial, Criminal Justice, Felonies, Constitutional Entitlement