The Impact of the Arrest and Extradition on the Absentia Adjudications Issued at the Economical Crimes

Abstract

Penal provisions are divided into adversarial and absentia adjudications, what matters in this study and is to focus on, the penal absentia adjudications, especially those issued in the economic crimes, the idea of criminality in these crimes need to seriously expand surrounds everything that could threaten the economic interests of the country from danger or damage, since the countries are no longer be able to ignore for what threatens its economy. This study shows that there are many difficult procedures could be taken by the investigative authorities (judical police), public prosecution and the competent courts, such as investigations, tracking funds and assets, and requests for mutual legal assistance, through official diplomatic channels , In adittion to the judicial procedures implicated in issuing absentia penal adjudications. All the above mentioned procedures and the absentia adjudications, In accordance to Article(254) of the Code of the Jordanian Criminal Procedures, as amended number (9) for the year (1961),are considered nullified by the law, as soon as the arrest of the accused party, or if he turned himself in. Hence the researcher is trying to find solutions, and proposals, that prevent impunity for perpetrators of economic crime from punishment, at the same time preserve the funds obtained from these crimes, seeking to recover these assets, and to reach soulutions which retain the seizures that has been installed on the money for the benefit of treasury , Despite the fact that the accused party turned himself in, or arrest him.