Legal Organization for Bringing the Accused In Iraqi law (Analytical Comparative study) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 14, Issue 2, December 2023, Pages 329-346 PDF (818.45 K) | ||
| Document Type: Research Paper | ||
| Author | ||
| ROSTAM HASAN HUSSEIN* | ||
| MA in public law | ||
| Abstract | ||
| The summons to appear is one of the procedures stipulated by the penal legislator in most of the ethnic and Egyptian criminal legislation, as this procedure is considered one of the procedures that preserve the rights and freedoms of the accused in accordance with what was stipulated in the Iraqi constitution of 2005. It is taken by the investigation authorities and the criminal judge when it is necessary for the accused or one of them to appear .parties to the criminal case. This is determined according to the type of crime committed by the accused. If the crime carries a penalty of one year or less, the competent authorities may summon the accused to appear. That is, the summons to appear is one of the procedures that the investigative authorities resort to in accordance with their discretionary authority in light of the legal controls contained in the Code of Criminal Procedure, especially in simple and non-serious crimes in which there is no fear of the accused escaping or his influence on the conduct of the investigation or the parties to the criminal case. This procedure is such that in implementation it is not permissible to resort to force or coercion against the wanted person and to take action against him when he refuses to comply voluntarily and voluntarily, | ||
| Keywords | ||
| Bring,,; ,،- Bring the accused,,; ,،Summons to appear | ||
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