- All Journals
- Al-Qadisiyah University
- Basrah University
- Kirkuk University
- Mosul University
- The Iraqi Borad for Medical Specialization
- University of Anbar
- University of Technology
- Al Mustafa University
- Al-Zahraa University for Women
- Alnoor University
- Kunooz University
- Misan University
- Ninevah University
- Tikrit University
- University of Al-Hamdaniya
- University of Kerbala
The oppression in prosecution and in the procedures of investigation and legal reasoning | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 4, Volume 12, Issue: 2 part 2, December 2022, Pages 139-185 PDF (1.71 M) | ||
| DOI: 10.37651/aujlps.2023.177005 | ||
| Authors | ||
| Fadhel Awad Mahimid Al-Dulaimi; Hind Nassry Al-Obeidy | ||
| Abstract | ||
| Every procedural criminal system aims to guaranty the right of a state in punishing offenders and protecting the innocents, because the aim of this system is to reveal the truth using simplified and quick procedures, which is always surrounded by dangers concerning the rights of innocents. These dangers mostly found in the procedural oppression and the deviation from the social aims of rights. Thus, we are concerned with preventing the oppression of procedural right holder by guarantying legitimate means in the procedural criminal system. It is worth mentioning, that the criminal procedural law regulates all the stages of a criminal suit including investigation, legal reasoning, preliminary investigation, final investigation and final enforceable judgement. Moreover, every stage has rules to guaranty preventing oppression in the procedures of a criminal suit if procedural right holder utilizes the stages with goodwill. However, in the real- world applications there are many oppression in all the stages of a suit. These oppressions causes lose confidence in law, hence, lead to impunity of the offender and charging innocents with a crime they did not commit. As a result, there is the oppression in procedural right theory in the jurisprudence to overcome procrastination, deviation on law, and using the criminal procedures against their original aim, which causes a severe damage in criminal justice. So the aim of utilizing procedures is to prevent deviation and oppression in others’ rights, and to find appropriateness between the resulting benefit and damage of applying the criminal suit procedures. | ||
| Keywords | ||
| oppression; procedural right; oppression appearances; complaint; investigation and legal reasoning; criminal suit | ||
| References | ||
|
Abdel Sattar, Fawzia . Explanation of the Penal Code (special section), Cairo, Arab Renaissance House, 1987.
Abdullah, Saeed Hasab Allah .Explanation of the Code of Criminal Procedure, Mosul, Dar Al-Hikma, 1990.
Abu Shaqqa, Chancellor Bahaa El-Din Scientific Reference for Criminal Cassation, Part 6, 2nd Edition, Cairo, Mahmoud for Printing, 2015.
Ahmed, Hilali Abd Allah . Criminalizing the Idea of Abusing the Right as a Means of Protecting the Victim in the Use of the Right, Cairo: Dar Al-Nahda Al-Arabiya, 2002.
Al-Halabi, Muhammad Ali Al-Salem Abbad . Guarantees of Personal Freedom During Investigation and Inference, Kuwait University for Publication, Kuwait, 1981.
Al-Ibrahimi, Saad Muhammad Abd al-Karim . The Powers of Judicial Enforcement Members in Investigating and Collecting Evidence, A Comparative Study, Master’s Thesis, University of Baghdad, College of Law, 2000.
AL-Jumaili, Abd al-Sattar . Muhammad Aziz, Modern Forensic Investigation Science between Theories and Application, Baghdad, Dar al-Salam Press, 1977.
Al-Khazraji, Attorney Salah Mahdi . The Crime of False News, Baghdad,Dar Al-Kutub and Documents, 2009.
Allam, Hassan .Criminal Procedure Law, Cairo, Library Committee and Legal Thought for Publishing, 1991.
Al-Muhammadi, Bariq Yusuf Muhammad, Saddam Faisal Kokz . Manifestations of Arbitrariness of Litigants Using the Right to Litigation, Journal of Studies on the Effectiveness of the Legal Rule, University of Fallujah, College of Law, Volume 3, Issue 2, 2019.
Al-Nawawi, Yahya bin Sharaf The Forty Nuclear, the narrator Abu Huraira, the hadeeth Muslim.
Al-Rawi, Raad Fajr . Al-Wajeez in explaining the Code of Criminal Procedure, Baghdad, Comparative Law Library, 2021.
Al-Sharqiya Channel http://bity/Alsharqiya, accessed on 4/8/2022.
Al-Sheshtawy, Couns | ||
|
Statistics Article View: 2,739 PDF Download: 110 |
||