Major felony cases and state security cases require exceptional care due to the gravity of the criminal acts attributed to the accused and their severe legal consequences. The Jordanian legislature has established strict controls to ensure a fair trial consistent with international and national standards. This makes understanding the legal characterisation of each case a matter that tolerates no laxity, and highlights the role of the specialist in dissecting the elements of the crime and carefully examining preliminary investigation files with the aim of reaching the truth and ensuring the application of the law in both its spirit and its text, free from any procedures that might taint the legality of evidence or affect the course of justice.
Major Felony Cases and State Security Cases
Major felony cases and state security cases differ within the Jordanian judicial system in terms of the nature of the criminal act and the competent judicial authority to hear each of them. The following sets out the distinction between the two:
First: Major Felony Cases
- It has jurisdiction to hear serious criminal offences against persons, such as intentional homicide and wilful murder.
- It covers cases of attempted murder and serious physical assaults that threaten the lives of individuals.
- It hears offences against honour and human dignity that require a high degree of precision in establishing evidence.
Second: State Security Cases
- They include acts that affect the entity of the Kingdom and its stability, such as terrorist offences and the undermining of the system of governance.
- It has jurisdiction to hear narcotics cases of all kinds, including trafficking, promotion, transport, and manufacture.
- It hears major economic crimes such as breach of public trust, currency counterfeiting, and cybercrime.
Major Felony Cases and State Security Cases
Scope of Offences Between the Major Felonies Court and the State Security Court
The features of major felony cases and state security cases are defined by the nature of the offences heard by each judicial body, imposing a precise legal course for each criminal incident. The following outlines the scope of offences for each:
First: Scope of Offences of the Major Felonies Court
- It covers offences against human life, such as wilful killing and premeditated murder.
- It hears felonies of attempted murder and serious physical assaults resulting in permanent disability.
- It has jurisdiction over offences against honour, such as rape, indecent assault, and offences violating public morals.
Second: Scope of Offences of the State Security Court
- It covers offences affecting the internal and external security of the Kingdom, such as acts of terrorism and the undermining of the system of governance.
- It hears all narcotics cases of various kinds, including trafficking, promotion, cultivation, and smuggling.
- It has jurisdiction over major economic crimes affecting the financial policy of the State and the counterfeiting of official currency.
Read also: Cassation Appeals Before the State Security Court.
Penalties for Major Felonies and State Security Offences
The penalties prescribed in major felony cases and state security cases vary according to the gravity of the criminal act committed and the circumstances surrounding each legal incident. The following sets out the details:
First: Penalties of the Major Felonies Court
- The death penalty in cases of premeditated murder or for specific purposes stipulated by law.
- Life imprisonment with hard labour in cases of wilful killing or rape under certain circumstances.
- Temporary hard labour commencing from five years and reaching up to twenty years depending on the legal characterisation of the charge.
Second: Penalties of the State Security Court
- Life imprisonment with hard labour or the death penalty in cases of international narcotics trafficking or terrorist offences.
- Imprisonment and heavy financial fines in cases of narcotics use or promotion.
- Temporary hard labour for economic crimes, currency counterfeiting, and offences affecting state security.
Abu Hadba Office for Major Felony and State Security Cases
Abu Hadba Law Firm stands out as a leading legal authority in handling major felony cases and state security cases in the Hashemite Kingdom of Jordan, comprising an elite team of practising and licensed attorneys authorised to plead before all regular and special courts.
Under the supervision of Attorney Yasmin Abu Hadba, the firm provides high-calibre legal representation in narcotics cases, economic felonies, and corruption practices, with a focus on protecting clients' rights and fair-trial guarantees.
The firm's extensive litigation experience in major cases provides clients with absolute confidence in the handling of complex files, from the preliminary investigation stages through to the final pleadings, with full commitment to the highest standards of confidentiality, professionalism, and negotiating strength to ensure the achievement of justice.
Read also: State Security Cases in Jordan.
Why Is Abu Hadba Office Your First Choice?
The distinction of Abu Hadba Office in handling major felony cases and state security cases stems from the combination of deep legal expertise and extensive practical experience, through:
- Providing specialised legal representation in major-case litigation before the State Security Court, the Major Felonies Court, and all regular courts.
- Attorney Yasmin Abu Hadba's leadership in handling narcotics cases of various kinds, with a superior ability to exploit legal loopholes in the client's favour.
- Possession of a specialised team in corruption practices and economic crimes, ensuring precision in handling complex financial and legal files.
- Adherence to the highest standards of professional confidentiality and protection of the client's rights from the moment of the preliminary investigation until the issuance of the final judgment.
- High professionalism in the art of negotiation and persuasion, enabling the achievement of amicable settlements or mitigation of penalties within the available legislative frameworks.
- Ensuring that the trial of major crimes proceeds in accordance with proper legal procedures that guarantee justice and full integrity for clients.
Major Felony Cases and State Security Cases
The Importance of Early Legal Intervention
The importance of early legal intervention in major felony cases and state security cases is manifested through protecting the accused's legal position from the very first moments of the investigation, by means of:
- Ensuring the presence of a specialised attorney during the preliminary investigations before the Public Prosecutor to prevent the extraction of inaccurate or untrue confessions.
- Strict oversight of the legality of arrest and search procedures to ensure they do not violate the provisions of the Code of Criminal Procedure.
- Submitting urgent legal defences that may lead to the dismissal of the case or the prevention of detention at its early stages before referral to court.
- Providing the client with legal guidance on how to make statements in a manner that safeguards their fundamental right to defence and avoids prejudicing the course of the case in the future.
- Immediate initiation of gathering evidence and exculpatory testimonies that support the accused's position before the material traces of the criminal incident disappear.
- Enhancing the prospects of success in major-case litigation by building a solid defence strategy based on documented legal facts from the very first day.
Frequently Asked Questions
Can bail be submitted to request release in state security cases?
The law permits the submission of bail applications to the competent court, and approval is subject to the judge's discretionary authority depending on the gravity of the charge.
What is the period for appealing judgments issued by the Major Felonies Court?
The period for filing a cassation appeal is thirty days from the day following the date of issuance of the judgment if it was rendered in person, or from the date of its notification.
Is an attorney entitled to attend the preliminary investigation before the Public Prosecutor in felony cases?
Yes, the law guarantees the attorney's right to attend investigation sessions and review the proceedings to ensure the proper course of justice.
Do major felony cases become time-barred under Jordanian law?
The public right of action in felonies is extinguished upon the lapse of ten years from the date of the commission of the offence if no judicial prosecution has been initiated.
Can a custodial sentence in felony cases be replaced by a financial fine?
Criminal penalties may not be replaced by fines except in very limited cases and subject to complex and specific legal conditions.
Major felony cases and state security cases require full legal awareness of the consequences of criminal acts and the guarantees of a fair trial. The protection of rights and the preservation of freedoms begin with an understanding of the texts of Jordanian legislation and adherence to proper judicial procedures that ensure the achievement of justice and consolidate the rule of law.
Useful Links:
- Steps for Filing a Lawsuit in Jordan.
- When Do You Need to Retain an Attorney?
- Appeal Procedures in Jordan.
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