موانع قبول الشهادة في الإثبات الجنائي

Abstract EN

The testimony of penal prosecution is still of vital importance.

In spite of the fact that everyone in general can be a witness, law determines exceptions distinguished persons disallowed from giving testimony, such as incompetent or uncapable of performing testimony for a lack in awareness or being under legal age.

This may result in achieving wrongful and distorted testimony of the facts.

Or those persons who are prohibited from performing testimony because there is a bind between the witness and the defendant such as kinship, wedlock and profession.

The legislater admits these obstacles to achieve the supremacy of the more deserving interests over the interests of performing testimony before judiciary.

The study is aimed at investigating these obstacles and the view of the Iraqi penal Legislater of them