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The interest considered in the precautionary investigation | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 15, Issue: 2 part 1, September 2024, Pages 395-420 PDF (517.7 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.185009 | ||
| Author | ||
| Muhammad Hamid Hammadi Salim* | ||
| General Directorate of Education in Anbar Governorate | ||
| Abstract | ||
| The law has granted the investigative authorities several procedures, some of which are necessary and routine and aim to investigate the crime, while the other part of these procedures aims to secure the presence of witnesses and stakeholders, especially the accused, to achieve several interests and considerations required by the circumstances and necessities of the investigation, which are called precautionary procedures. The importance of the research lies in the importance of investigative procedures in the preliminary investigation stage, as they are the effective and basic tool in collecting and scrutinizing evidence and thus assigning it to its perpetrator. The importance of precautionary investigative procedures appears clearly and prominently, in addition to the fact that the importance of these procedures requires clarifying and understanding the nature of these sensitive procedures that affect the freedom of the accused and the rest of the persons involved in the investigation. The problem of the research revolves around highlighting the extent to which the law addresses these dangerous procedures that affect personal freedom in terms of clarifying the guarantees that ensure that they are not misused and the necessity of their being neutral and objective by the investigative authority, as they conflict with the presumption of the accused's innocence, which does not permit taking any measure that affects the freedom of the accused until his conviction is proven by a judicial ruling. | ||
| Keywords | ||
| precautionary investigation; valid interest; procedures | ||
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