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Areas of Control over the Judge's Authority in to determine evidence | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 5, Volume 11, Issue 1, 2021, Pages 143-193 PDF (1.01 M) | ||
| DOI: 10.37651/aujlps.2022.171495 | ||
| Author | ||
| Dr. As Ibrahim Ali Al-Asi | ||
| University College of Wisdom | ||
| Abstract | ||
| A mistake is a human trait from which even the prophets have not escaped across the history and that the judicial organization is still a human act in its organization and procedures and resulting decisions and rulings without oversight is a disregard from the main objective which has no been correct in the criminal procedures law except to take care of it from the right and justice and has limited juridical errors in the narrowest possible space that have avoids in the beginning and then works to remedy them later, and that is within narrow limits because the complete annulment of juridical errors is an aspiration that human means do not realize. Therefore , this objective necessarily requires a variety of areas of oversight in matters and decisions issued by courts in terms of their assessment of evidence in these areas , which is control over the content of evidence and control of contradiction and attribution . Also , the reason given by the judge must include an explanation that shows everyone the reasons for this decision . The causation constitutes a social guarantee against the judge's control and deviation in exercising his discretionary power, and it is a means of protection for the judge himself , as he plays a essential role in achieving legal and moral balance in society and plays a psychological role for every ones to be convinced of the justice of the judiciary. For the judge of the matters , to base his judgment on proven certainty evidence when assessing the judgment with evidence , for judgments are only based on certainty and not on suspicion and probability . Evidence in criminal cases is the basis of the judgment and its basis for proving or denying the incident, or it is specified in the Federal Court of Cassation in monitoring the assessment of criminal evidence. | ||
| Keywords | ||
| Field; Censorship; Judge's authority; evidence | ||
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