Rules Governing the Authority to Assess Sufficient Evidence Required for Criminal Procedure (Part II)
Dr. Ashraf M. A. Samhan
Assistant Professor of Criminal Law – Faculty of Sharia and Law – Al-Jouf University – KSA
In the first part of this paper, we discussed, in two research subjects, the legislative applications of sufficient evidence required for criminal procedure in comparative laws, determining the competent authority to assess the adequacy of the evidence required for criminal procedure, the problematic of banning the weighing of evidence on the prosecution, and the nature of the authority responsible for assessing the adequacy of evidence required for criminal procedure.
This part discusses the third research subject that deals with the extent to which the authority responsible for assessing sufficient evidence is subject to judicial supervision and the means of this supervision. The paper concludes that it is possible to exercise supervision over the assessing of the availability of sufficient evidence required for arrest. This can be exercised through requests for the release of the detainee (discharge), the right to appeal the decision of arrest or the denying of release, and through a grievance submitted to a higher body within the same investigative authority, this activates the supervisory role of the Attorney General oversight in assessing the necessity of arrest or release. This will be discussed in as follows.