إطلاق سراح المتهم بكفالة في القانون العراقي

Abstract EN

The study aimed to identify the rationale for the decision to release the accused, given that it acquires the status of a judicial decision for its issuance by a judicial authority such as an investigative judge or a competent court based on procedural and objective reasons.

Penalty No.

23 of 1971.

The study reached a set of results, the most prominent of which is the multiplicity of implementation guarantees.

Personal guarantee.

The financial guarantee, represented by the travel ban of the accused and the financial solvency, and in the event that the financial guarantee is insufficient, the bail is canceled and the court decides to re-arrest the accused.

The study recommended a set of recommendations, most notably the need to legislator.

Iraqi.

unite.

Terminology.

The legality used in the texts that dealt with the provisions of the penal bail, as the legislator sometimes mentions the phrase “release” and at other times mentions the phrase “releasing the accused”.