نطاق التهمة في القانون العراقي

Abstract EN

In order to ensure the proper performance of the criminal judiciary and to enhance the accuracy of its provisions to provide a fair judiciary in order to achieve justice and the reassurance of members of society of the risk of crimes, especially those crimes that reach a certain level of gravity, the Iraqi legislator tries to be accurate and detailed in the trial procedures and the charge is among the most prominent and important, for the accuracy of its judgments and gravity On the one hand, the crimes in which the incarnation is directed are those that are viewed in a non-brief way, as well as the charge is one of the procedures that work to guarantee the right of the defendant to defend himself about the crime assigned to him, given the time it was directed and which is required to be after the conclusion of the test It is from hearing the testimony of the complainant and the witnesses, reading the referral decision, listening to the opinions of experts, benefiting the accused and the essential and detailed data contained in its paper on the criminal incident and this makes the picture clear in front of the accused and then he can respond to that charge by refuting the evidence that generated the suspicion before the court of the crime of the accused If he is innocent on the other hand, and it also allows the court to know the defendant's response to the charge and then determine its position and conviction in this regard, and in order to achieve the charge these goals and others must be based on correct and sound rules, whether it is related to the previous procedures for directing A mother terms of validity and accuracy of their content and the limits of the Court's authority in directing and otherwise, we have tried in this study shed light on the legal cover and the practical application of these important aspects of the charge and stand on the most important shortcomings or legislative ambiguity of Iraq in this area