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Control over the authority of the criminal judge in the acts of discretionary authority (MASTL) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 8, Volume 15, Issue: 2 part 1, September 2025, Pages 210-224 PDF (615.06 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.152692.1327 | ||
| Authors | ||
| Radam Majran Aliwi* 1; Rabah Sulaiman Al sabawe2 | ||
| 1University of Kirkuk, College of Law and Political Science | ||
| 2جامعة كركوك كلية القانون والعلوم السباسية | ||
| Abstract | ||
| Control over the authority of the criminal judge in assessing the penalty is one of the basic and main topics within the framework of procedural legislation, which raises many practical problems within the framework of judicial application, whether related to control over the content of evidence and its interpretation or the contradiction between this evidence, and despite the importance of this topic, it has not received the attention it deserves commensurate with that importance, especially within the framework of the Iraqi Traffic Law in force, and based on those problems and what the study reflects of importance, If the role of the criminal judge seeks to achieve justice through the practical application of the language of one text or another, by issuing the correct ruling consistent with each individual case, then it is confirmed that the accused is the real perpetrator of the actions that have been criminalized by law, and then the penalty referred to in the text being applied is applied in light of what is specified in the discretionary authority granted to him between two upper and lower limits, but this discretionary authority is not absolute, but rather is exercised according to controls and provisions that the judge is not permitted to deviate from, otherwise his decision would be subject to appeal by the higher judicial authorities. the researcher tried to study this topic and come out with a set of results and recommendations that were addressed in the conclusion of this study. | ||
| Keywords | ||
| الرقابة; السلطة; التقديرية; القاضي; الجزائي | ||
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