حجية الدفوع الموضوعية في جريمة الصك المردود:دراسة مقارنة

Abstract

Praise be to Allah and prayers and peace upon the good of prophet and the blessing of mercy and blessing of god and his companions and those who followed and mechanisms after that. The researcher dealt with in this research subject of substantive defenses to the crime of the return instrument applied to the criminal courts in the Sudan , as the cheque of the scientific and serious role of the daily economic life, thus it has become one of the most important elements cooperation of the business therefore the legal legislations must come legal legislation applicable to the crimes of returned instrument are clarify supposed judicial applications for criminals courts in the Sudan, which must be it must not come out of the foundations of a fair trial justice of known legal rules front of the criminal courts, which referred to a researcher at research problem, and which is based an the non – applications of the rules of innocence of the accused front Sudanese criminal Courts in the crimes of the Cheque. The researcher dealt with this topic in four chapters that are interrelated and consistent with each other, with came the first chapter includes the theoretical framework in accordance with the requirements deanship of postgraduate studies the world of African University , followed by the researcher in the second chapter dealing with the definition of the crime of revenue instrument and its legislative description, and then to researcher in chapter iii concept and importance and types of substantive defenses to the offence of passing instrument , and applied of this research came in four chapter, where the researcher dealt off judicial application for their causes and results, researcher reached thought the research result that in the event taking defenses objective front criminal courts it the criminal suitor at least shift transfer between criminal court and the action s of their civil authorities, at making the researcher recommended that the criminal courts refrain from literal application of the text of article (179) and do not apply separately from the bill law of exchange of years 1917, and not in isolation for any substantive defenses to argument front it.