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Taking into account the psychology of the accused in the investigation stage | ||
| TIKRIT UNIVERSITY JOURNAL FOR RIGHTS | ||
| Article 1, Volume 5, Issue 18, 2013, Pages 208-243 | ||
| Author | ||
| lecture Khaleel yousef gundee | ||
| Abstract | ||
| Investigation is the stage where search for finding evidence to prove the charges against accused person or acquit him. Therefore it is a group of procedures performed by the investigation authorities according to the provision of law in order to reveal the evidence to reach the truth. According to the legitimacy principle that governs the legal state we ought to create a balance between the state representative (general attorney) and the rights of the accused person to guarantee his dignity and all other rights during this particular stage and abiding with this principle is very imperative to achieve fair trial. The relation between criminal law and psychology puts us before two options, firstly to acquire enough information about the psychology and principles of criminal law and how these two interacts together and this not such difficult task. And secondly prioritizing their applications. The right equation is that these two fields should have complementary relations in order to achieve the ultimate goal which is the justice. Hence we decided to research to what extent the investigation authorities consider the psychology of the accused person especially during the interrogation the procedure that has huge impact in determining the fate of the accused. procedures might be provocative to the accused person beside psychological compulsion to make the accused to confess. All those psychological dimensions if considered compose more guarantees in the criminal trial. In this research we study all factor that leads to psychological balance defect especially the humane treatment for the accused person that maintain his dignity according to the national and international standards excluding the criminal defenses. | ||
| Keywords | ||
| Taking into account the psychology of the accused in the investigation stage | ||
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