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The Effect of The Absence of the Accused at the Trial Stage | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 9, Issue 3, 2017, Pages 112-179 | ||
| Authors | ||
| P.Dr. Ali Hamza Assal; Mohammed Sami Mazloum | ||
| Abstract | ||
| The benefit that correlated with penal suit is considered as a benefit that tackles the entire society, the personal attendance of the defendant in the penal courts represents a pure right for the society the defendant shouldn’t recede unless its reasons will be vanished, since the defendant is considered important party in the penal suit beside other parties of the penal suit, hence it is so difficult to reach the judicial certainty and the legal fact via one part which is public persecution what was the efforts done to have it, the legal legislation concerned with the stage of the pleading as the direct final stage before judicial implementing , in this stage, the legal position of the absent defendant will be specified finally from the charge he faced, his pleading will not be repeated if he was absent or fugitive unless being sentenced then he showed up and get arrested. The criminal legislative applied unified rules when it comes to the procedures of trial in absentia and flowing of procedures that occur in court and the verdict are based on insurance and insurance doesn’t happen unless via these procedures. It's known that most comparison legislation considered the attendance of the defendant in front of the court in criminal trials by himself a mandatory matter without exclusion , the penal rules have many classifications like attendant , absentia or considering rules, the Iraqi legislator in the presentation and normal rules in the item (151) of the Iraqi trials ethics, it's been noticed different sides of preceding the issuing of the verdict in the absence of the defendant and the obligation of the judge related with investigating and studying papers of the suit and the surveillance of the judgment to the procedures of the absentia trial and the absentia verdict then knowing the absentia verdict and then knowing the absentia verdict via saying the verdict is the reaching to the real fact, but the judge couldn’t reach them easily, then saying the absentia verdict and included insurances via briefing the defendant on the penal rule that issued against him. The abolishing of the absentia verdict in case of arresting the absent defendant or his attendance, then the law showed the method of challenge the absentia rules that are a means for the defendant to appeal the judgment rules, challenge rules are allowed to every opponent in the suit whatever its kind be . | ||
| Keywords | ||
| The Absence; Accused; the Trial Stage | ||
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