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Civil and criminal protection for possession

الحماية المدنية و الجزائية للحيازة

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 Publication date 2017
  fields Law
and research's language is العربية
 Created by Shamra Editor




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in our research we came to the conclusion that the targeted protection of criminal possession is actual possession and possession of the intended protection criminal either by the prosecuting magistrate or the criminal judiciary is not the possession concept in the law civil and protected by three claims of possession, and that the prosecuting magistrate's position is to follow-up.

References used
Al-Shahawi, Qadri Abdel-Fattah. Possession as a Reason for Property Ownership, D.T, Knowledge Establishment, Cairo, 2003
Al Amin, Mohamed Ali. , 1993. Dick, Halabi Human Rights Publications, Lebanon, 1993
Mansour, Mohammed Hussein. Original Rights in Kind, University of Khartoum, Cairo, 2000

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To ensure the neutrality and impartiality of the judiciary depends not only on the commitment of carers by the principles of law and the good-aligned and without another party, but that the proper application of legal justice is sometimes subject to lack immune would influence them so that power is exercised its functions without any interference or influence by others, especially the media, since the latter exercises its functions on the basis of their right to freedom of information guaranteed by the Syrian Constitution promulgated by legislative decree/94/28/2/2012 article 42 thereof, , Posted what it considers constitutional exercise while the exercise of this right to influence judicial justice, and hence had to be legitimate lines of media freedom and lack of arbitrariness in the exercise of their right to through its impact on the smooth functioning of Justice. so learn whether the Syrian legislature has taken to achieve effective penal protection of information deployment impact litigation.
Intellectual property laws regulate and protect the rights arising from the design of computer programs and its production along with its special legislation. Thus, the attack on these programs pose a threat to those rights, which its owners did t heir best to produce and benefit their communities. The crime of damaging programs and information is an IT crime considered as a serious attacks mainly on information property. However it's different in the case of damaging crime, as it is not aimed at the enrichment at the expense of others, nor get the programs of others illegally, but targets only damage, destruction and vandalism to others property information without any enrichment.
For as long as the media is a free call and women reflect the free expression of opinion and freedom of the media has always been a manifestation of freedom of expression and reflect the reality of the communities and cultures of peoples which req uires with the maintenance and protection of this freedom and guarantee not threatened or compromised spontaneously, this protection guarantee of media freedom and freedom of expression on the other , However even transcend media freedom must be commensurate with its limitations which requires him to establish a standard precise and fair balance between two first right of individuals to express their views and ideas within the limits of the law, is a constitutional right, The second interest is the State's right to hold both hurts or harms the interests protected by law and reflected when opinions and ideas highlighted by the media through the media are those that would undermine rights and interests protected by law and devote her legal protection, and search the criminal procedural protection of information would not only maintain media freedom of wasted and reduce their value but would maintain rights and interests protected by law of the media abuse.
The right of defense can be considered as natural rights, and the most important fair trial guarantees. It is also an inherent right at the center of public individual rights. It has not only created in favor of the individual but also for the bene fit of society as a whole. There is no justice when accused people do not have a full right of defense and where not possible to verify the truth. This means that enabling the accused to defend himself does not mean that the punishment is over, but means to emphasize the fundamental pillar of justice that will reassure the individuals to the proper functioning of mechanisms in carrying out its mission, and this would remove any doubts about injustice suspicion when Jurisdiction will announce the accused conviction, also removing the suspicion of complacency while deciding his innocence. Therefore, search in protecting the right of the accused to defend himself is not intellectually luxury, but generally speaking, it is searching in more accurate and the most complex legal issues, it is a dive in the depths, to stick to legitimacy in a centre of obstacles is not easy to overcome. Building on the above, we can say that the accused practice of his right to defend himself, remains inadequate to achieve the purpose if it is not criminally reinforced. And to enable the exercise of the right of accused to defend himself, the penal legislator decided to develop a set of substantive rules incriminating and justified, meaning the dedication of this right to proceed without fear or shame. The accused is in great need to exercise his right of defense under the umbrella of the criminal protection, and this will protect him of the treachery of his defense and ensures that his rights will not be exploited because of the weakness of his position, and the lack of his experience, and the conflict hostile facing him. To find out the aspects of this protection two sections have been developed in this research: the first section devoted to the study of the criminal substantive rules, while the second was created to the study of the justified substantive rules. The aim of this is to show the criminal aspects of protection of the right of the accused to defend in court.
In fact, the modern stage is one of the most important stages throughout the human as it is during this phase is determined by effervescence personal inclinations and selfcomposed and culture and highlight the social relations on the yard of his li fe. Child today is a man of tomorrow. And if they hauled him protection and affection, and security and care and free upbringing innate or acquired, and we have provided to him for safe living, including food and clothing and health condition-free organic diseases and psychiatric we were able to build a new man with a social tendencies is hostile against the other or against society and we stepped away from him through the deviation. The Syrian Juveniles Act launched in the event of the arrest of the principle of the benefit of the event, and did not set conditions and special controls limit the power of the judge to appreciate this interest, and authorized the detention for all events, regardless of the crime committed. Fearing the possibility of the occurrence of any abuse by the judge, on the basis of legal logic, should put special conditions arrest event and determine the scope and restricted to juveniles who have completed fifteen, when committed a felony and clear-cut enough of primary significance to condemn the event. As it is unreasonable to make such a restraining order against the dangerous and the rest of the events action, while it does not apply to them any penalty involving freedom, but apply to them reform measures provided for in Article IV of the Juvenile Delinquents Act. And must seek out an educational character of alternative measures and reform, would replace the detention and arrest.

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