حسن النية في الإجراءات الجزائية: دراسة تحليلية مقارنة

Abstract EN

Bona Fide is considered one of the Penal Code recognized in the criminal law, as the scholars defined it as 'the ence of criminal intent on the part of the perpetrator'.

The relationship of Bona Fide with the rules of criminal procedures appears as the methods implemented by the State when a crime is committed in order to trigger the punitive action against the offender until the verdict is issued, when this law establishes certain procedural controls, in which it is the right that the competent authorities should abide by it, but if such controls go beyond Bona Fide.

In this case, we are facing Bona Fide in criminal procedures.

This affects the Bona Fide in these procedures sometimes does not invalidate the procedures as in the rules of spatial jurisdiction, and in other times Bona Fide leads to the exemption of the plaintiff of personal right in the matter of bearing the expenses, for this we have taken the Code of Criminal Procedures for each of Kuwait, Sudan and Yemen, and compared them with the Iraqi Code of Criminal Procedure.

For the purpose of explicating Bona Fide in the penal procedures, we divided this study into three sections.

In the first section, we have tackled the concept of Bona Fide to well understand.

In the second section, we dealt with examples of penal procedural rules.

The last section contains the effect of Bona Fide in the penal procedures.

Finally we arrived some important conclusions and recommendations of this study.