Abstract:
This study investigated preventive custody as one of the most important preliminary investigation procedures that directly affects the convict’s personal freedom especially with regard to freedom of movement. The investigation was conducted by assessing legal treatment of essence and conditions of preventive custody in punitive proceeding law in the UAE and Jordan compared to French criminal proceeding law. The researcher approached preventive custody in many ways. He started with clarification of the concept of preventive custody in terms of its legal nature and justifications. Also, legal scriptures that dealt with the conditions underpinning preventive custody procedure were discussed. The study revealed disparities among the laws under scrutiny regarding the legal approach relevant to preventive custody essence and its underpinning conditions. The identified disparities positively reflected on the results and recommendations if this study. The researcher concluded that the French law gave more freedom to the individuals under preventive custody that the law in both the UAE and Jordan.
