Procedural necessity in primary investigation work

Abstract

This study focuses on the procedural necessity of primary investigations, since necessity is a common legal term and constitutes a theory in some branches of law. Procedural necessity has sparked controversy and debate about its legitimacy, and its subjectivity in the criminal procedure law in many Arab countries in the preliminary investigation work. Defining its scope, conditions, and nature can be especially challenging. This study shows the position of the Arab procedural legislation and judiciary systems regarding procedural necessity in the primary investigation work in various legal systems, especially in Egypt. Based on the assessment of the existing legislative regulation in Arab countries, the study gives grounds to talk about the inadmissibility of expanding the discretionary powers of the authorities associated with circumstances excluding the crime of an act, as this can create preconditions for abuse of officials and limit the existing individual rights and freedoms of citizens.