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Procedural provisions for juvenile offenders during the investigation and evidence collection stage | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 23, Volume 15, Issue: 2 part 1, September 2025, Pages 600-629 PDF (733.93 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.155807.1413 | ||
| Authors | ||
| Hezha Hewa Taher Maroof* 1; Shwan Omer khder2 | ||
| 1Koya University - Faculty of Humanities and Social Sciences - Department of Law | ||
| 2Koya University/Faculty of Humanities and Social Sciences/Department of Law | ||
| Abstract | ||
| The investigation is the exclusive jurisdiction of the investigating judge, as the investigation and evidence collection stage is considered a stage prior to the initial investigation and referring the case to the courts. The initial investigation cannot be conducted without the investigation and evidence collection stage, as it is considered a preliminary procedure for it. In addition, the investigation and evidence collection stage is one of the first stages in which the juvenile delinquent confronts him, which necessitates the necessity of taking into account the rights of the juvenile through the procedures followed at this stage. The main problem of the study is the absence of a specific legal text in the Juvenile Care Law that regulates the investigation and evidence collection procedures in juvenile cases. In connection with this, a set of questions are raised that highlight several legal problems, the most important of which is whether the Code of Criminal Procedure is applied with regard to investigation and evidence collection procedures in accordance with the reality in force? The nature of the study subject required following the analytical and comparative approach, by studying the legal texts related to investigation and evidence collection in the field of juveniles, and analyzing them in light of the opinions of jurisprudence and judicial rulings related to the subject, in a scientific and comparative methodological manner. | ||
| Keywords | ||
| Procedural provisions; juvenile delinquent; investigation stage; evidence collection stage | ||
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