2018-03-19

Ramallah

West Bank

Legal memo to: 
His Excellency Attorney General, Dr. Ahmad Barrak

Complaint from: 
Citizen …………………………….

Subject: 
“Judicial Inspection Findings and the Action Taken on the Public Prosecution's Serious Professional Error”

Memo date: 
19/03/2018

Brief description:
On 01/02/2018, MUSAWA received a complaint where the complainant is a victim in a criminal case involving harm, insults, slander, misappropriation, and deprivation of liberty. The charges were dropped according to a verdict by the competent court (a copy of the verdict was attached to the complaint lodged at MUSAWA). The Public Prosecution filed an appeal against the said judgment, but the legal period had expired by then. While the verdict was rendered on 30/06/2015, the appeal was filed on 10/08/2015, knowing that the statutory period for filing appeals is 40 days starting from the day after the verdict is rendered, as stated in Article (355) of the Penal Procedure Law No. (3) of 2001. Accordingly, the competent court declared the said appeal as null and void as it was submitted after the statutory period had ended.

MUSAWA’s intervention:
In view of what has been said, MUSAWA believes that the Public Prosecution has committed a serious professional error in missing the statutory period for filing appeals. Therefore, MUSAWA demands in its memo that the necessary legal action be taken in this regard. Action must be taken at the administrative level with a view to preventing the repetition of such mistakes, in accordance with the principles of good governance.