The discretionary power of the investigating judge ((Applied legal Study ))

Abstract

In most criminal legislation, the legislator has granted the investigating judge wide discretionary powers in order to Search for the truth because it is the goal of the criminal case. Therefore, the judge enjoys wide freedom in forming his emotional conviction when presenting the evidentiary evidential evidence his conscience desires and leave other evidence this freedom in evaluating the evidence may be subject to some legal controls, the most prominent of which is the sufficiency of the evidence and its standard at the accusation stage until the judge issues his decision to refer the accused and his papers to the

 competent court this is with the preponderance of the conviction, as this amount proportional to the nature of the investigation stage, in which an appropriate amount of evidence is sufficient to present the accused to a new stage, which is the trial, However, the practical reality may reveal that the judge's discretionary power may sometimes exceed the purpose for which it was initiated. As for the judge misconduct. As a result of an error in assessing the evidence or failure to exert effort and sound logical thinking in revealing the validity of the evidence and whether it is sufficient to refer the accused or not.