Criminal prosecution "principle is convinced the judge" | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 6, Volume 1, Issue 3, December 2012, Pages 350-388 PDF (1.15 M) | ||
| Author | ||
| Raad F- Fatih al-Rawi | ||
| Abstract | ||
| العربیةالإنجلیزیةالإسبانیةThe role of the judge in the conviction of the accused is dangerous because it lead to Mjazath in his person or property, or in both. Faisiba of this or that serious damage, and it was necessary if the investigation and justice should be assigned to the accused act confirming or causing any based on firmness and certainty not on conjecture and possibility. It is good for society to escape the offender of the rule of law that does not fall death on the innocent. So it is when has any doubt about the attribution of the act to the accused must eliminate his innocence. Hence the rule of law, which states that doubt explains always for the benefit of the accused. Judge when reviewing Chapter in المبسوطة suit in front of him built his faith on what Tstmlh and what you reassure the conscience of the existing evidence and items displayed in front of him. He may not cause his judgment on the opinion of others or based on personal information, and that means not be sentenced by the judge in the case before him on just knowing بالخصومة that استقاه from outside the Judicial Council. The reason is to prevent the judge from that cause judgment based on his knowledge to the inadmissibility of the judge that combines between the witness recipe and the authority of government. But that does not prevent the judge in that equivalents based on public information that every person would be a scientist. The exception to the freedom of the judge in his conviction, the legislator intervention and enjoined the judge must state the reasons taken by the access to means of proof. | ||
| Keywords | ||
| Criminal prosecution; principle is convinced the judge | ||
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