التحقيق الابتدائي

Abstract EN

The majority of legislation related to the individual system has been based on the principle of separation between the investigation and the accusation authority.

Accusation authority has been assigned to the Public Prosecution and the power to investigate the investigator and the investigating judge.

The socialist legislation combines the accusation power and the investigation by giving the public prosecutor the main roll to administrate the investigation and to supervise the procedure which is executed in this stage.

The Iraqi legislator adopted principally the issue of separation between the investigating authority and conviction by giving the investigation to the investigating judges, investigators and the authority of the accusation to the public prosecutor.

But this separation is not fully developed in certain cases, which may allow the public prosecutor to assume the authority of the investigating judge in the place of accident with the absence of the other.

The importance of the primary investigation is related to the examination of the moral and material evidence that has been acquired in the stage of deduction before presenting it to the court to prevent it from observing the charges, which lack legal principle and facts.

Judging by the fact that the primary investigation involves performing procedures characterized by oppression and enforcement, in order to arrive at the truth, this act is guaranteed by the legislator so that the individual freedoms are not violated.

For that reason, the legislator insists on the procedure of primary investigation before calling referral to the criminal court.

However, failure to proceed with this stage will cause other procedures of the operation to become invalid, and consequently the case will be sentenced invalid.

For the purpose of covering this subject with enough facts, the court often relies on evidence which is referenced for it.

Due to the importance of this issue, we tried to explain on its characteristics and its role in judicial work through two chapters:- The first chapter devoted to the study of the essence of the primary investigation within three section: the first section dealt with the definition, the second dealt with the ambit and the third section emphasized on the guarantees of the primary investigation through the guarantees that relates to both the investigation and the investigator.

The second chapter devoted to the investigation procedures through three sections: The first section dealt with the collection of evidence procedures, the second section dealt with the special procedures of personal liberty of the accused and the third section deals with the people who are conducting the investigation.

Then the results and recommendations.