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In this research we dealt with the subject of the philosophical foundations of criminal justice, and it has become clear to us from this study that justice is the focus and purpose of the law, and it is the power inherent in its folds that delineate its limits, and clarifies how and guarantees its application. Justice is the conscience of the law and its thinking mind. It is agreed upon for justice, as it is certain that the concept of justice is nothing but meanings that change with changing social, political, economic and geographical attitudes as well. However, the sense of justice is old for man and remains so in the human soul, no matter how different and with all human beings regardless of the diversity of their culture and social strata over the centuries With reference to history, it became clear that justice was a human standard for many ancient civilizations, such as the Pharaonic, Babylonian, Greek and Roman, as well as ancient and modern positivist philosophies and legislations. The research revealed the cause or cause for which a person is asked about his crime before the public authority, which is known as criminal responsibility as a condition for imposing the punishment. Finally, the research touched on the guarantees of a fair trial, as it was found that Egyptian law has largely kept pace with international charters, treaties and agreements by making the judiciary a stand-alone authority independent of the executive and legislative powers, and setting up a set of principles and guarantees for the accused to ensure a fair trial, whether with regard to the judge or the accused.
Recommendations 1-I propose to reformulate Article 68 of the Egyptian Constitution, given that this wording was loose and inconclusive. Therefore, we believe that it is necessary for legislative intervention to define the established criteria for speedy adjudication of cases and the consequences of violating this in terms of injustice and wasting the freedom of the accused, especially if he is imprisoned. Reserve and he was innocent of what was attributed to him and was ruled innocent. 2-It was suggested that the legislator reconsider the issue of the discretionary power of judges, by specifying controls for it and explicitly stipulating them in the law, whether it is related to the judge’s freedom to form his conviction regarding criminal evidence, or what is related to his freedom to assess the criminal sanction, to protect the accused from being free A hostage of the judge's person and the integrity, experience and knowledge that can be characterized by him. And what constitutes a violation of the principle of equality between opponents. 3-It is suggested that the legislator reconsider the issue of the discretionary power of judges, by specifying controls for it and explicitly stipulating them in the law, whether with regard to the judge’s freedom to form his conviction regarding criminal evidence, or what is related to his freedom in assessing the criminal sanction, to protect the accused from being a hostage The person of the judge and the integrity, experience and knowledge that he can be characterized by. And what constitutes a violation of the principle of equality between opponents. 4- We suggest to the legislator to expedite consideration of the issue of the right to appeal against the criminal court rulings- after the second appeal is canceled before the Court of Cassation - given the heavy penalties that these rulings entail that may reach the death penalty or life imprisonment due to the seriousness of the criminal act. It would have been more appropriate to review it before a second degree of appeal, in comparison with the rulings issued in cases of violations and misdemeanors, the right to defend the accused, and the right of the prosecution, which is considered an opponent of the accused. 5- We suggest that the legislator reconsider the periods and deadlines for renewing pretrial detention because by comparing them with the investigation procedures taken by the investigating judge and the minutes contained in the procedures of the file referred to trial, which do not exceed the interrogation records of the accused and the victim, so we find that they are very long and never compatible with robbery The freedom of the accused is for all this period under the rubric of pretrial detention.
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