قاعدة "لا يضار الطاعن بطعنه": دراسة مقارنة في التشريعات الجزائية الإجرائية"

Abstract EN

Judges are human beings; they may be right or they may err.

Hence, the judgments issued by the judge convicting the accused may be wrong as well as correct, and in order to reinforce the conviction and confidence in the judgments of the judiciary as they are a title of the truth, the law permitted the litigants to challenge it, but it restricted the court that considers the appeal submitted by the public prosecution not to offend the appellant who presents By appealing alone, he - by his appeal - has drawn the court's attention to the error contained in the appealed judgment.

Hence, this appeal from him, which was hoped to commute the sentence or amend it in his favour, may not turn into a disaster for him.

Hence, the rule “the appellant shall not be harmed by his appeal” was established in modern procedural criminal legislation.

However, although the Iraqi legislator approved this rule in the law, its approval came in a way that differs from what has been settled by comparative criminal procedural legislation and comparative criminal justice, which has resulted in the scarcity of judicial applications for this room in the Iraqi criminal judiciary, and this is due to the fact that the Iraqi legislator is under application This rule stipulates that the contested ruling not be based on a violation of the law.

Accordingly, researching this rule requires embracing the rooting method based on returning this rule in question to its origin, and clarifying the purpose or wisdom of its determination.

As well as relying on the analytical approach based on the analysis of legal texts that approved this rule, whether in the Iraqi Code of Criminal Procedure or in comparative laws.

Therefore, it was necessary to research the concept of this rule in the beginning, and then address the conditions for its application.