Assumption in the criminal text

Ahmad, Mayada Mohammed

doi:10.37651/aujlps.2024.150240.1273

	Assumption in the criminal text
Journal of Anbar University for Law and Political Sciences
Volume 14, Issue: 2 part 1, September 2024, Pages 1120-1158 PDF (900.03 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.150240.1273
Author
Mayada Mohammed Ahmad^*
College of Law/University of Mosul
Abstract
The presumption is an exceptional legal tool, based on a contradiction to reality, created by the legislator. It is included in the formation of the criminal legal rule when it is formulated, so that one fact takes the ruling of another fact, and it has all the legal effects as if it were based on a realistic fact, and the presumption is used for the criminal policy to achieve its desired goals. The assumption has its basis or basis on which it is based, and it is contained in the content of the criminal text, and it cannot be inferred or measured against it. The assumption may include the crime as a whole or be limited to one of its pillars or elements. In addition, no stage of the criminal case is devoid of cases of legal assumption. And to expand the scope of criminal legal protection for selected interests. To ensure complete conformity between the criminal incident, both parts, with the legal text, when - for example - one of the elements or elements of the crime is absent on the ground, and to achieve procedural justice, and advance the criminal case when it stops. Despite its contradiction with the actual truth, it arranges all the correct legal effects stipulated in the law as if it were a fact
Keywords
legal assumption; The presumption; Moral formulatio; Criminal text

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