سلطة القاضي التقديرية في استنباط القرينة القضائية : دراسة مقارنة

Abstract EN

There is no doubt that the function of the judge to rule in accordance with the law, but his task in the application of the law is not easy, as they are not limited to the rule of law from the mere reading of the texts, and to reach the result in an automatic way, but the mental processes in succession, and therefore his will is not completely absent at Because it is governed by the law, it resolves the conflict and this requires the weighting between the conflicting evidence, and therefore the judiciary requires an area of freedom and a measure of power that allows the judge to take the decision, and this is embodied by the legislator in the Iraqi law of evidence, In appreciation The evidence presented to him, with varying breadth and narrowness of this power in the various evidence evidence, the judicial evidence set the law and left the left to be drawn to the discretionary judge, and these evidence is evidence of the judge exercised his discretion in the widest area