شخصية الدعوى الجنائية : دراسة في التشريع العراقي

الملخص EN

The personality of the criminal case is the personal domain of the criminal case, and this scope is represented by the persons accused and referred to the criminal court according to the referral decision, and then the court of the subject matter may not conduct a trial other than the accused who is referred to it according to the principle of the personality of the criminal case pursuant to the provisions of Article (155 / a) of the Code of Principles Iraqi Criminal Trials Code No.

23 of 1971 as amended.

If, during the trial of the referred accused, the criminal court finds that there are persons related to the crime committed as perpetrators or accomplices without taking legal measures against them, then the court in this case and in accordance with the provisions of Article (155 / b) of the aforementioned law must organize a record of this showing the relationship of these persons to the crime The perpetrator and the competent authorities to investigate the investigation with them, and then issue a decision to refer them in accordance with the legal context.

There are some exceptions to the principle of the personality of the criminal case, which are the case of court hearings crimes and the right of the criminal court to confront, as well as the case of interference and the introduction of others in the criminal case.

The perpetrator is of the type of violations and misdemeanors, without the court being bound by the necessity of separating the accusation and the ruling powers.

The study of this research was an analytical and applied study of the Iraqi Criminal Procedure and the rest of the other Iraqi procedural laws.

The study adopted a research plan that stipulates that it be divided into two topics preceded by an introduction, as the first topic deals with the concept of the personality of the criminal case, and the second topic is devoted to the provisions of the personality of the criminal case.

Finally, the research culminated in a conclusion that summarized the results of the research, and suggested some issues that were found worthy of our consideration.