دور قانون أصول المحاكمات الجزائية العراقي في تعزيز الأمن و السلم المجتمعي

Abstract EN

that most of the interests and rights surrounded by the criminal law with the fence of its protection are of a social nature as a result of being born from the womb of society and embodies the needs and requirements of its various members who look through it to a decent and safe life free of all that disturbs it, and the criminal procedures represent the procedural part of the criminal law and is matched on the other side by the penal code which represents the objective part of it, There is no doubt that the texts of the substantive part are aimed at refining the behavior of the individual in society through criminalization and punishment, while the provisions of the procedural part merely determine the mechanism that ensures that the objective part of its goal is achieved by regulating the procedures to be implemented and the competent judicial authorities.

Accordingly, the Penal Code is the main source in protecting the rights and interests of public and individual society, but this protection is a dead letter unless the Law on the Origins of Criminal Trials intervenes through its kinetic texts that translate that protection into reality, so the first law does not complete its goal except with the presence of the second, but this does not mean at all that the role of procedural apartments does not deviate from the role of the follower only There is a unique role that can be played through some of its texts, which makes it another source of protection for the rights and interests already taken care of by the substantive aspect, including the right to security and community peace, and this is what we have achieved through this study, which has emerged the procedural role in promoting this right.