دعوى الرد في القانون الجنائي : (دراسة في التشريع العراقي)‎

Abstract EN

The recovery lawsuit in the criminal law is that lawsuit arising from the crime that falls on one of the rights of individuals, which makes the perpetrator responsible for the things that the crime falls on and which may be seized by the competent authorities for the investigation.

That raising of the recovery lawsuit is in order to achieve the satisfaction of the victim or aggrieved person through the judgment of the offender to respond in a manner that guarantees protection for the responsible and the injured in the same, and then to reflect from an investigation of the public interest, because the court tends when issuing its judgment to take into account the return of the case to what it was.

Before committing the crime, such as returning the stolen thing to its owner, nullifying the documents usurped or which the victim was coerced to sign or stamping by force and threat, and restoring the victim's hand over his property removed by force and other crimes, especially since the court has discretionary power when ruling to return according to what is required The circumstances of the crime and the resulting damage in every case.

The act that does not constitute a crime according to the penal laws does not concern the laws of criminal procedures and can not be considered a reason for instituting a recusal lawsuit.

Rather, for the sake of the judgment for restitution, the penal provision must apply to the criminal act committed by the accused and which resulted in damage.

The study of this research was an analytical and applied study in Iraqi legislation, including the Penal Code No.

(111) of 1969 as amended, the Code of Criminal Procedure No.

(23) of 1971 as amended, and the Civil Law No.

(40) of 1951 as amended.