Keywords : procedure


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.

THE ROLE OF CONFESSION IN CRIMINAL PROCEEDINGS

Ahmed H.Salman

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 281-308

The most important goal that security men are looking for is to limit crimes and being avoid happened through arresting criminals and get them in prison. criminals and being punished them severely without oppressing their freedom and personal rights. So, the law is written in several ways to attains its proof. The most serious one is the confess which is considered the first evidence, but it is not necessary to get in deep when you judge something even the whole judicial recognitions are found. Because some of these motives are untrue or they might be escaped from another crime to save the real doer from being punished to gain some material and moral benefits or for another reasons. The criminal judge must be assured from the evidence definitely and its conditions comparing with physical and spiritual one, then you can judge and give the sentence according to his emotional conviction. The confess is one of the objective issues that the court is completely responsible for estimating and getting its judgment and person who is accused must be able to be have freely and according to that " the speech of the accused upon another one is not considered as a confess " but as a witness.