THE ROLE OF ELECTRONIC LITIGATION IN REDUCING PROCEDURAL INFLATION
Journal of college of Law for Legal and Political Sciences,
2021, Volume 10, Issue issue 39 part 2, Pages 527-559
AbstractThis study aimed to demonstrate the role of electronic litigation in reducing procedural inflation, considering it a procedural system dictated by modern procedural policy. Its aim is to alleviate the procedural inflation, in a way that contributes to putting an end to the accumulation of criminal cases in the courts. This is what gains its importance in the framework of legislation and criminal justice, on the one hand it contributes to relieving the shoulders of the judiciary, and on the other hand, the economic impact of this system is not hidden by the fact that it reduces the costs and expenses of the case in addition to reducing the economic burden of the state in this regard. In this context lies the problem of the study, through exposure to a statement of the concept of electronic litigation, ways and obstacles to electronic litigation, in addition to an explanation of the most important comparative legislative applications in this aspect, as well as an explanation of the role that this method reflects in reducing procedural inflation, according to an office based approach. Study and extrapolate texts, in addition to the analytical method, in order to analyze the texts, rules and opinions that have been deduced related to the rules of this system; One of the most important findings of this study was that this system has gained some importance in light of comparative legislation, in a way that reflects the development of the legislative procedural policy, especially in light of the stoppage that the world witnessed due to the Corona pandemic, and all of this calls for the need to be alert The Iraqi legislator has led to this development, in a way that is supposed to be adopted in legislative frameworks that allow the judicial authorities and the bodies responsible for investigation and gathering evidence to take into account the circumstances dictated by the nature of the criminal case before these parties.
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