تحول الإجراء الجزائي المعيب : دراسة مقارنة

الملخص EN

This research was focused on the presentation of the concept of Criminal procedure, and the essence of transformation Defective procedure, and also the procedures of transformation defective procedure and its effects, the aim of this research is to apply the principle of transformation Criminal Defective procedure to correct works.

In the case of the court resorting on the transformation automatically or in the case of force adversary for that, In order to address the defect that break in the validity of the criminal procedure, which would leads to narrow penalty of nullity, That Penalty, which deprive any Criminal procedure from its value and its legal effects.

The research reached to the set of results, the most important was the need to apply the idea of transformation the procedure within the band of the Criminal Procedure Law, So that the Iraqi legislator when passed by the theory of transformation of the contract in civil law but creates at the same time the mean to save will and raise the effects of nullity from it and facilitates the handling and approaching closer explicit from the requirements of life and seeks to achieve it if this is reason enough to explain the transformation in the band of civil law and consideration the special interests, It is more proper the legislator to clarify this in the law of Criminal Procedure and consideration the public interest, Moreover, the transformation is intended to respect the rule of law or principle of legality to the extent that leads to compatibility between this respect and the need for stability of the legal situation that ensue on criminal procedure, on the other hand, what the judge from discretion within the band of the criminal procedure he rule that to narrow areas of nullity and achieve it effects within the band of the Criminal Procedure Act.

In light of these results formula a number of conclusions and recommendations aimed.