LEGISLATIVE DEFICIENCY IN THE PRELIMINARY INVESTIGATION STAGE IN THE CRIMINAL PROCEDURE LAW OF THE INTERNAL SECURITY FORCES

Abstract

This research examines the issue of legislative deficiency in the preliminary investigation stage as regulated by the Criminal Procedure Law of the Internal Security
Forces (Law No. 17 of 2008). Given that the preliminary investigation constitutes one of the most critical phases of criminal proceedings—due to its fundamental
role in gathering evidence, uncovering the truth, and determining criminal liability—the study aims to assess the adequacy of the legal provisions governing
preliminary investigation procedures and the competent authorities responsible for conducting them, as well as to identify the manifestations of legislative
deficiency that may affect these provisions in practical application. The research concludes that some of the legal texts regulating the preliminary investigation
stage suffer from insufficiency or ambiguity in organizing certain procedures or delimiting jurisdictional powers, a situation that may generate legal and practical
challenges during implementation. Accordingly, the study emphasizes the necessity of reviewing and developing these legal provisions in a manner consistent with
the requirements of criminal justice and the guarantees of a fair investigation, thereby contributing to the enhancement of the effectiveness of the legal system
within the Internal Security Forces.