Journal of college of Law for Legal and Political Sciences

ABSTRACT :
This research deals with the certainty conviction as means of proof in criminal issues, where the judge has through this principle freely wide and important role and fundamental in assessing the evidence and acceptance.
Criminal judge according to the basis of this principle is free in formation of affectiongl conviction of any evidence offered him as long as derived from legitimate procedures.
However ,this principle ,and If it authorizes criminal judge wide freedom to search for evidence and appreciation and acceptance ,but it is not absolute freedom ,it is a freedom of unchecked and certain restrictions purpose is to ensure that the exercise of this freedom in its proper context ,and to ensure finding the truth in a criminal case ,without encroachment on the rights and personal freedoms.
The research plan included a preliminary study, which included a set of basic inputs in the criminal proof, and the first section delat with the nature of the principle of the certainty conviction, the research found suggestions in the conclusion specific results, including proposals final l research.

Abstract

Iraqi judiciary is one of the first Arab legislation , which focused on the organization of the human family and was keen to maintain the family decision - making and lack of longer- depletion methods of reform and taken from the principles of Islamic law have the right to lay the foundations for the structure .
However, in practice, and practice in our daily lives and through the application of judicial notice that look magistrate Family of cases of domestic violence have a look nature criminal case if any criminal case , which negatively affects the family and dismantling of family links and direct impact on the fruit of marriage ( children) to the end of the case divorce because imparted on the issues of criminal nature of domestic violence by investigating why or investigate the validity of the claim .