False testimony Comparative study | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 31, Volume 13, Issue : 2 part 1, September 2023, Pages 929-944 PDF (894.13 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.142397.1051 | ||
| Author | ||
| Nadia Mustafa Hussien* | ||
| College of Law and Political Science / University of Kirkuk | ||
| Abstract | ||
| The legislator has granted the judiciary wide discretionary authority in evaluating the evidence of criminal evidence with regard to the subject of witness testimony in order to search and reveal the truth as it is, and the goal of the legislator in that is to reach the actual truth. This is based on his experience, his legal culture, and his qualifications in issuing his decisions and judicial rulings. Nevertheless, the work of the judiciary may be subject to misleading from the weak-minded regarding the Perjury witness, as his testimony may be sufficient to put the innocent in prisons, so the legislator arranged criminal Penalties for the crime of perjury. The research problem lies in the prevalence of false witnesses, although the legislator has criminalized the act of perjury, as it aims to harm the course of justice, which leads to the judiciary making a mistake when issuing judgments and judicial decisions against those who have been falsely accused, so the judge must use his discretion in Weighing the testimony until he reaches to reveal the truth as it is. | ||
| Keywords | ||
| Testimony,,; ,،false,,; ,،criminal,,; ,،Iraq | ||
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