- All Journals
- Al-Qadisiyah University
- Basrah University
- Kirkuk University
- Mosul University
- The Iraqi Borad for Medical Specialization
- University of Anbar
- University of Technology
- Al Mustafa University
- Al-Zahraa University for Women
- Alnoor University
- Kunooz University
- Misan University
- Ninevah University
- Tikrit University
- University of Al-Hamdaniya
- University of Kerbala
The Efficacy of Criminal Proceedings and Its Impact on Undermining or Enhancing the Accused's Guarantees A Study of the Iraqi Criminal Procedure Code No. 23 of 1971 | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 22, Volume 16, Issue: 3, September 2026, Pages 646-691 PDF (906.55 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2026.169030.1729 | ||
| Author | ||
| Hemn Abdullah Muhammad* | ||
| University of Halabja – College of Law and Administration | ||
| Abstract | ||
| The guarantees afforded to the accused in criminal litigation derive their legitimacy and essence from the core of fundamental rights and freedoms established both internationally and nationally. These guarantees constitute an impregnable legal bulwark intended to safeguard human dignity against any form of arbitrariness, serving as an indispensable pillar for the realization of swift justice and the principles of equity. Inasmuch as the authorities overseeing criminal proceedings, across their various administrative hierarchies, exercise their jurisdictions and powers pursuant to legislative mandate and as representatives of the collective interest, they bear an inherent legal obligation and a peremptory duty to protect the legal standing of the accused. Foremost among these is the "presumption of innocence" and the guarantee of the right to humane treatment befitting human dignity, thereby ensuring a fair and equitable trial that adheres to procedural timelines and applicable constitutional and legal constraints. Accordingly, this study seeks to examine and analyze the efficacy of procedural rules in enshrining rights inherent to the person of the accused throughout the various stages of criminal proceedings, highlighting the implications of such procedures in either reinforcing or undermining this legal protection. Furthermore, the study addresses the "dialectic" between the abstract legislative text and its practical application, | ||
| Keywords | ||
| Procedural Efficacy; the Proper Administration of Criminal Proceedings; Safeguards for the Accused; Fair Trial | ||
|
Statistics Article View: 129 PDF Download: 48 |
||