THE LEGAL NATURE OF CRIMINAL RECONCILIATION WITHIN THE FRAMEWORK OF IRAQI LEGISLATION
Journal of college of Law for Legal and Political Sciences,
2021, Volume 10, Issue Issue 37 part 2, Pages 235-254
AbstractThis study deals with explaining the legal nature of criminal reconciliation as a procedural system that arises from a crime. Its purpose is to end the criminal lawsuit that gave rise to it, and to stop the legal procedures arising from that crime. Therefore, it acquires its importance within the framework of legislation and criminal justice, by reducing the burden of the judiciary, with the consequent termination of the general criminal lawsuit arising from the crime subject to reconciliation, through clear and simplified procedures that lead to speedy adjudication without the method of criminal procedures. In this regard, the problem of the study lies, through researching the legal nature of this procedure, especially in light of the ideas and visions presented in this context, in order to come up with a legal vision that is compatible with this procedural system. The researcher used the historical method in studying and extrapolating the legal principles and rules in order to establish them historically and philosophically, using the analytical method in order to analyze the texts, rules and opinions that have been deduced from the nature of this procedure One of the most important findings of this study was that the nature of criminal reconciliation does not deviate from the fact that it is a procedural system that is based only on the occasion of committing the crime with the aim of stopping the legal procedures arising from that crime, by ending the criminal lawsuit that has arisen from it, and that only by the agreement of its parties and in the cases that It is determined by the law, equally with or without compensation, as it is thus a procedural system that combines with it some characteristics of the contract along with some features and characteristics of the penalty.
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