Negotiating in criminal evidentiary procedures | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 2 part 2, December 2023, Pages 1036-1070 PDF (948.65 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.143507.1082 | ||
| Author | ||
| Huda Salem ALatriqjy* | ||
| Northen Technical University / Ninewa Technical Institute | ||
| Abstract | ||
| Negotiation in criminal proof means that criminal proof should be by agreement and mutual consent between the parties to the case, and it is the most successful solution to achieve consensual justice and quickly resolve lawsuits, in a way that achieves the public interest of society through the application of the law and not deviating from its texts and objectives, and in order to achieve justice that is based on certainty and not on Doubt and the service of justice by ensuring that no actor escapes responsibility under the pretext of insufficient evidence, and at the same time, satisfaction and acceptance are achieved for each party to the case. Negotiation differs from criminal mediation and penal settlement, and one of its most important advantages is achieving justice beyond suspicion and obtaining evidence with consent and acceptance. It is also characterized by speed in resolving lawsuits, and the secrecy and arbitrariness that can occur can be avoided by organizing it within studied legal frameworks, under judicial oversight, and within legal conditions. A specific and specific time, provided that the role of each party to the case - the accused, the victim, the role of the judiciary and the public prosecution - is understood. This negotiation results in effects including the expiration of the case with the issuance of a ruling, judicial pardon, exemption from punishment, or directing the case towards a specific legal description. | ||
| Keywords | ||
| Bargaining; ،Criminal Procedures; ؛; ،evidentiary procedures | ||
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