Guarantee of the accused in the interrogation in Iraqi law and Islamic Sharia

Abstract EN

Interrogation has an important position in the preliminary stages of investigation because it is a method to achieve the truth and judge the accused.

the discussion and interrogation of the accused include two cases : ether he voluntarily confesses to the accusations and as a result, he will be punished, and this is one thing.

it means that achieving justice causes the offender not to escape from the law, as well as fear and deterrence for those who think like him and intend to do what this deviant has done, and in addition, society will be safe.

we find that there is a competent authority that prosecutes, confronts and punishes the offender, but if the accused does not know the crime to which he is charged, he cannot defend himself and rejects the evidence that confronts him with the guarantees of sharia and the law.

it also includes achieving justice by not punishing an innocent person and preventing him from taking revenge by the victim or his relatives, and this investigation distinguishes between interrogating the accused and responding him to the competent authorities in each of these cases.

legal and legal guarantees are mentioned in detail, and Islamic Sharia has been ahead of man-made laws in terms of time and content in the guarantees.