Abstract of a research The preliminary investigation stage aims basically at determining the offender of any given crime . Hence, courts would only judge upon charges that are probably established on facts and law which represents a guarantee for both public and private interests . However, where the preliminary investigation authority concludes the absence of such evidence , it issues an order to dismiss charges . Upon the appearance of new evidence, investigation authority shall restore its power to re-open the investigation and finally overrule the former order to dismiss charges. Consequently, the subject of this research is intended to be new evidence as a reason for overruling the order to dismiss charges . This topic is significantly fundamental within the field of criminal law especially from the procedural side . yet , it seems to be controversial to some extent as well . On one hand , justice requires criminals to be pursued and sanctioned . whilst , on the other , it requires individuals' liberties to be protected against invasion that might be committed by authorities carrying out the investigation . In order to precede further in this research it was necessary to discuss the following points : definition and legal basis of new evidence which were pointed out in section one . section two addressed the conditions that must be satisfied by the new evidence to be sufficient to overrule the order to dismiss charges . section three is entirely devoted to discuss the procedural rules governing the process of re-opening the investigation . Finally, the author concluded some suggestions that may serve as determinants to preserve both of the aforementioned contradictive considerations .