Security requirements and their impact on the conduct of criminal cases - an analytical study in light of Iraqi legislation - | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 2 part 2, December 2023, Pages 1071-1099 PDF (712.45 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.143681.1094 | ||
| Author | ||
| Ali Hamza Jabr* | ||
| جامعة القادسية / كلية القانون | ||
| Abstract | ||
| Security is an indispensable necessity linked to the existence of man as a basic and indispensable factor for the continuation of this creation. In addition to this, the philosophy of constitutional systems, both ancient and modern, considers it to be one of the duties of the state, which must adhere to achieving it and strive to maintain it with whatever material and human capabilities and means it has made available to it. To achieve the laws, the necessary financial budgets were provided to him. Hence, achieving security or adhering to it is not limited to the executive or legislative authority by setting the necessary laws to achieve it. The judiciary is not immune from taking into account security conditions when considering the requests of individuals in criminal cases. From this standpoint, we find that the legislator The Iraqi Code of Criminal Procedure No. (23) of 1971 - as the general law for all criminal procedures in the country - as well as the special procedural criminal legislation has a clear effect on the security of the criminal procedural work, and from this it follows that security and the requirements for its observance are considered an extremely important issue that must be The court must preserve it or adhere to it when examining the criminal case. | ||
| Keywords | ||
| Criminal lawsuit; ،protection of opponents; ؛; ،security requirements | ||
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