التدخل التمييزي : دراسة في قانون أصول المحاكمات الجزائية العراقي رقم (23)‎ لسنة 1971 المعدل

الملخص EN

The discriminatory intervention fulfills the interest that the legislator envisaged in approving this authority and granting it to the Federal Court of Cassation as a court of law.

At the same time, it monitors the legality of the procedures followed by the specialized courts and the legality of its findings, which is reflected positively in not excluding criminals from punishment and thus achieving criminal justice In its highest form.

Despite the importance of the discriminatory intervention, the Iraqi legislator did not provide it in an integrated manner.

Article 264 of the Code of Criminal Procedure No.

23 of 1971To intervene in a discriminatory manner, without stipulating the number of requests for intervention, so as not to lead to abuse of this authority through repeated requests that are understood to delay the settlement of the case.

No time limit has been specified for exercising it.

However, there are no explicit legal provisions governing this right.

The importance of this study will focus on the subject of discriminatory intervention in Iraqi law and in order to address the research in the best formulations and legal solutions, it has been divided into three sections.

The first section includes the definition of discriminatory intervention.

We devote the second section to study the interest of discriminatory intervention and its conditions.

W cases of discriminatory intervention before the specialized courts and its effects.