Author(s): Omar Abd Almohdi Mohammad Alomari, Gasem M.S. Al Own
This research devoted to discuss the relatives’ obligatory testimony to defence the accused according to the provision of the Jordanian criminal procedure code. Accordingly, this research aims to illuminate the legislator approach to balance the conflicting interests in this case, in the same time to set a clear understanding of the justifications of this legislative approach, in addition to examine the effects of such obligatory testimony, in the context of criminal proceeding. To achieve the desired goal, descriptive and analytical approach was adopted, consequently, it could be concluded, that the legislator relied on making testimony between ascendants, descendants and husbands in this way, on a number of justifications, including those that serve the interest of the accused or suspects by enabling him From defending himself and not robbing him of that right, including what is decided to preserve and document family ties. Ultimately, this study suggested that the legislator should explicitly stipulate the issue of Relatives’ Obligatory testimony to defense of the accused, either in a special text or by adding a paragraph to the text of Article 154 of Jordanian Criminal Procedure Code.