آثار الصفح في الإجراءات الجزائية : دراسة مقارنة

Abstract EN

The punishment or sentence normally ends once it is served as this is the natural course to achieve its goals until it becomes unnecessary, but there are other reasons which can terminate the sentence without serving it, and that one of them is forgiveness which the Iraqi legislature has made it a reason for criminal cases termination and punishment prescription.

The point behind this is to eradicate grudge and hostility among individuals and bring back harmony, especially in cases that do not constitute a major threat on society.

Resorting to forgiveness came from a dire need which resulted from the suffering of countries, despite their ideological differences, from the penal inflation phenomenon caused by the increasing numbers of convicts sentenced by custodial sanctions therefore, the legislature limited forgiveness only to crimes that do not initiate criminal proceedings only by a complaint filed by the aggrieved part or his / her legal representative which results in custodial sentences only.

in addition, ending serving custodial sentences through forgiveness came to avoid the possible negative results of serving short period sentences ; it also ends the conflict between the litigants after which judgment is delivered whether it is final or not.

The Iraqi legislature stipulated forgiveness by the aggrieved part in article (150 / 3) of Iraqi Penal Law since it consideres forgiveness a reason for crimes extinction, and referred regulating its provisions in article (155) to the Code of Criminal Procedures which regulated its provisions in articles (338-341).

As for court forgiveness, its provisions has been regulated in articles (153 and 174 / B) of Code of Criminal Procedures.