The Usability Law For Accused ( Comparative Study ) | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 6, Issue 3, September 2014, Pages 315-359 | ||
| Author | ||
| Hwraa Ahmed Shaker Al ameedy | ||
| Abstract | ||
| The usability law for accused is regarded as legal regulations and lawful . It also considers an independent guarantee from guarantees that found in criminal protection for accused rights . It regards as legal rule taken from international law and protects it in law . The legislative who mentions it in texts that is very clear and straight forward and it shows its rules and conditions for this the usability law for accused isn't explicated law . The punishment can't be back for the past but it is law that has controlled that significant them from other laws for rots law that uses from its sources and what can apply that different from other rot law that can return for the past . There are two basement inside one criminal law idea that make them together that aim to protect human rights , this law that mentions the usability law for accused it is special for the subjective texts punishments that relate to principles of criminal and punishment . For that the usability law for accused doesn't relate or opposite the personal rights for civilities , but it is specific in room of trace with criminal , but material trace that caused by personal rights and the pretender must go the Civilian Trail and claims for composition in spite of that the law has license the work . The system in the better law for accused has rules and in order to apply it there are three conditions . First , it must be better for accused and the new law regards better for accused . It made the accused in position better from it is available in the past and better than law that applied before , when the crime is happened . The second condition is that law must be applied after the crime has happened . The third condition is that the law must be showed and declared before the declared the final judgment has decided in the case . The new law that decided is considered the final judgment . The work isn't prevent or unauthorized , otherwise the final law regards final judgment light for punishment for that the court will apply the new law consequently on the claim of the accused figure . | ||
| Keywords | ||
| Legal texts is not eternal to be applicable in every place and time; but there are time limits Control Applied; the law since its release and shall remain in effect until canceled explicitly or implicitly; the substantive rules Criminal law is governed by the principle of legality of offenses and penalties; which constitutes an important safeguard to protect freedom Personal to the individual; Who is serving operative operation of law on criminal acts that occurred after the Since its release; this rule has been decided upon only in the interests of the accused and the maintenance of freedom of the logical Entry into force of the new law to acts that occurred before its release if the benefit of the accused | ||
|
Statistics Article View: 57 PDF Download: 38 |
||