Arbitrary use of Right in criminal trial procedures (comparative study)

Al-Dulaimi, Fadhel Awad Mahimed; AL-Obeidy, Hind Nassry Nagy

doi:10.37651/aujlps.2024.145245.1136

	Arbitrary use of Right in criminal trial procedures (comparative study)
Journal of Anbar University for Law and Political Sciences
Article 17, Volume 14, Issue: 1 part 1, March 2024, Pages 510-586 PDF (1.05 M)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.145245.1136
Authors
Fadhel Awad Mahimed Al-Dulaimi^* ; Hind Nassry Nagy AL-Obeidy
University Of Anbar \ College of Law
Abstract
In order to preserve rights and achieve balance between the parties to the criminal dispute, the phenomenon of arbitrariness in the use of the procedural right in general and the use of the criminal procedural right in particular has taken up a large part of the attention of legislation, the judiciary and jurisprudence, because neglecting this phenomenon, the facts of which have emerged on the scene of application, is considered a violation of the principle of the rule of law and correct conduct. It is also considered a loophole that allows the law to be violated under the guise of exercising the procedural right in accordance with the law without actually adhering to the purpose of legislating the law, as the court refuses to hear testimony denying the charge under the pretext of its futility, removing the accused from the trial session or handcuffing him during the trial without significant risk, or the court replacing itself with The expert in a purely technical matter and other cases whose emergence has been proven by practical reality are all considered arbitrariness in which the person conducting the criminal procedure exploits his legal powers to harm justice and violate the purpose of procedural legislation using methods of procrastination, distortion, and procrastination.
Keywords
arbitrariness; use of right; procedures; trial; criminal

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