سياسة المشرع الجنائي العراقي تجاه مبدأ عدم قضاء القاضي بعلمه الشخصي

Abstract EN

A judiciary in any society is the basis of justice in society.

Hence the judiciary should have the judicial organization.

Such organization in a state is obligatory to be formed in the most sufficient form so that people can be secured their daily lives and affairs.

The topic of criminal prosecution according efficient criminal proof is one of the most important subjects of criminal procedure, and has been addressed by legal jurists who frequently tried to give an idea of the evidence and how to be estimated.

It is noteworthy that the most significant aim throughout criminal proceedings is that criminal trial has to be fair in order to reach a judgment by virtue of proof of the facts.

Accordingly, the primary objective of all proceedings is how to reach the truth about the offense committed, and only on the basis of criminal evidence.

What follows is that the present research considers recent legislation and jurisprudence regarding the judge's personal knowledge.

It should be considered that personal knowledge of a judge is not a judicial means of proof, since it is contrary to the principle of the impartiality of the trial and the right of fair trial.

Eventually, the current research is of the most important to remove a tangible confusion in some legal writing between resources of the judge's decision in light of his personal knowledge, and the in light of solely on legal knowledge not on his own.