The competent authority for the summary trial of the policeman in Iraqi and comparative law

الملخص EN

So I found the ISF legislation as a way to turn to the legislature to protect the interests of certain of the interests of the state and not for professional or factional considerations, but it was such customization is contrary to the rules of the Constitution, which had equality of all citizens before the law.

And the application of common law rules on employees of the institution in terms of illegal acts may be unable to achieve the purpose of the organization of the internal security forces, which requires special rules in the criminalization and punishment so that is characterized by qualities may not be available in the rules of the Penal Code, the legislator in the guide of purpose that for it such an institution devoted to certain provisions, taking into account the system to reconcile the requirements of the Internal Security Forces and the requirements of the law.

Hence became the work of the Law of the internal security forces is an attempt to reconcile the interests of justice that is the essence of all the law and the requirements of obedience and control, regular military, which is the basis of the work of Foundation Internal Security Forces and essence, so the organization of the judiciary of the ISF is a solution that took its most modern states which in his power alone to reconcile the requirements of national security and the protection of individual liberties through the application of the general principles of the law to ensure that guarantees the accused the right to a fair trial.

This is approved by the Iraqi constitution for the year (2005) in Article (99) thereof, as the text on the organization of the military judiciary law that determines the jurisdiction of military courts to crimes of a military nature that commit Associates of the armed forces and internal security.

Accordingly, issued Iraqi legislator Code of Criminal Procedure of Internal Security Forces (17) for the year 2008, which guarantees the organization eliminate the internal security forces in Iraq.