Keywords : nullity


The theory of the transformation of the false criminal procedure (a comparative study)

Muhammad Abbas Hamoudi Al-Zubaidi

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 1-29

The root of idea of conversion in procedural behaviours and actions extends into Romanian legal thought, which know the idea of conversion; praetor contributed with an important role in its spread. Because of that, many of laws affected included French and Egyptian law, where it becomes a general theory within the modern law theories in the objective and procedural filed. That was with intent reducing of the formalism and facing the practical needs with consideration of achieving justice. Indeed, the idea of conversion was knew by the Egyptian legislator in the field of the objective law, firstly. Where it mentioned in legal section (144) of the civilian law no. (131) in 1948. Then, the legislator transfers the idea into the field of procedural law, where the legal section (24) of Egyptian civil and commercial pleadings law no. (13) in 1968. The subject that in it the idea of conversion in Egyptian legislation had objective legislative cover and procedural (formal). For activating the idea of conversion of criminal procedure in Iraqi law to accelerate procedures of criminal case, and because of the Iraqi legislator did not take the idea of conversion except in the field of objective law where the legal section (140) of civil law no. (140) in 1951. As a foundation on that the hypothesis concept of this research based on (indeed the absence of the idea of conversion in the Iraqi procedural laws does not mean it is invalid, because it is a one of the items of the general legal regulations. The researcher goes to invite the Iraqi legislator to make the law of civil pleadings included with a similar text to that the Egyptian legislator used in civil and commercial pleadings law. Then, to proceed after it accepted from the judgment of the first section of the Iraqi civil pleadings law, which made this law as a reference to all of the pleadings and procedures laws into actions of the idea of conversion of the criminal procedure in the field of law of origins of criminal trials.

THE NULL JUDICIAL PROCEDURE AND ITS CORRECTION BY DIMINUTION AND TRANSFORMATION

Luay Abd Ul-Haq Ismail; Omer Lateef Kareem

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 455-483

The topic " nullity of the judicial procedure" is of great importance in the judicial work because it is an obstacle to achieving the goal of resorting to the judiciary, which is to achieve justice for litigants with minimal time, effort and expenses. In order for the judicial process to be free of defects, it must have objective and formal requirements, and this measure should not be subject to a judgment that it is null and void, and since the results of nullity are largely dangerous, therefore most of the legislation tended to follow different ways to reduce the phenomenon of Nullity. The fact that the Iraqi legislator did not regulate the topic of procedural invalidity through a general theory with uniform provisions. Nevertheless the procedural nullity has been legislating at multiple sites, but legislate neglected an important way to correct the void judicial procedure of correcting by transformation and diminution.