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Legal Nature of the Central Criminal Court

In this paper, we discussed the legal nature of the Central Criminal Court with two demands: the first relates to the legal basis of the Central Criminal Court, and the second is related to the criminal justice system.

          With regard to the first demand, we have highlighted the stage after the change of the political system in Iraq in 2003 and the subsequent assumption of the US Governor for Civil Administration Affairs in the country and the issuance of a number of resolutions, including what we discussed in the first section (the first legislation No. 13 of 2003 ), Which included twenty-three sections, some showing how the Central Court was formed and the most important rules governing it.

In addition, we have referred to some of the defects of formality and some of them beyond the logical sequence of its sections and the non-standardization of terms with regard to the legal name of the court. We also referred to the substantive defects of the law, including the uniqueness of the administrative authority of the destruction authority by appointing and exempting the judiciary .

We then moved to the second section, which included (second legislation no. 13 of 2004), the most important of which was the transfer of the functions and functions of the government to the Iraqi Transitional Administration under the Iraqi State Administration Law for the transitional phase canceled under Article 142 of the Iraqi Constitution, We have identified weaknesses in this legislation, including the lack of a text on the formation of a central court of events.

In both sections, we have concluded that the legal basis for the establishment of the Central Criminal Court is Act No. 13 of 2003, repealed, and amended Law No. (31) of 2004 issued by the Coalition Provisional Authority in Iraq.

If we want to talk about the central court, we must define the type of judiciary (whether ordinary or special) that governs the legal nature of the central criminal court, so we had to show what The ordinary judiciary and this is what we mentioned in the first section under the title (ordinary judiciary), and the second section (special or exceptional judiciary), clarifying the views in favor of the nature of the court, whether ordinary or special court.

We then presented what we are going through as a researcher that the Central Criminal Court agrees with the courts of each jurisdiction to adjudicate certain types of crimes, but it differs from them otherwise, and we have reached the possibility of determining the legal nature of the Central Criminal Court as an ordinary court of natural jurisdiction, With its special competence, it is a specialized criminal court or a competent court, not a special or an exceptional one, explaining our opinion in this opinion.

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Publication Date
Thu Jan 10 2019
Journal Name
Journal Of The College Of Education For Women
The provisions of the autistic in criminal penalties

  Thankfully Thank meets the grace and pushes us Blaneh and a curse, peace and blessings be upon the Prophet after him, and his family and companions, and after:

    This research deals with the subject of the provisions of the autistic in criminal penalties, one of the important issues, especially after the spread in abundance in our contemporary society, as the patient is characterized by autism in most of spaces of isolation and depression and aggressive behavior, and in some cases try autistic to commit suicide as a result of going through the psychological pressure , was this research to clarify what follows autistic criminal penalties as a result of the capital crime of self or without them, and the stat

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Publication Date
Mon Apr 01 2019
Journal Name
Journal Of Legal Sciences
International criminal responsibility for ISIS crimes

In contest of the serious crimes committed by the gangs of the terrorist, it was necessary to shed light on how to prevent their impunity. Therefore, this research came to examine the composition of these gangs, their nature and source of funding, and then the nature of the crimes committed by them, and if their crimes fall in the International criminal law or only within the framework of the Iraqi criminal law, after that we were able to find out the nature of those crimes and thus the best mechanisms that represent the just punishment that these gangs deserve as a punishment for the crimes they committed against the unarmed civilians.

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
The role of the court in invoking danger in criminal proceedings

The study of criminal danger is a part of a common phenomenon in criminal studies, namely, the conflict between traditional legal concepts and the new requirements of modern criminal policy, and the primacy of development and response to the requirements of modern human life. Criminal law scholars have recognized the importance of danger, especially after they have determined that the danger of crime is not limited to material damage, but rather to aggression against fundamental interests of the group, which is the possibility of damage. In particular, development and progress have led to the emergence of new areas in which the danger is the basis of the criminalization of related acts such as security, economy, trade, modern industries,

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Publication Date
Wed Mar 20 2019
Journal Name
Journal Of Legal Sciences
Substantive Criminal Protection to Intangible Cultural Heritage

The cultural heritage is intangible legacy represents all froms of intellectual creativity in different fields of life. It is traditional legacy expresses on the past, and it is still inherited and connected from generation to generation. Thus, the cultural legacy could be classified as it is intellectual property due to its importance for its people.

    This kind of property may require protection against any violation. Therefore, this article examined the penal protection of this sert of property in the light of the current laws, in order to provide the sufficient protection to the cultural legacy.

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Legal Organizing - Redefining the Function of Criminal Law

This is a theatrical overview of the organizational approach regarding the definition of functions of criminal law and the nature of the criminal justice system. The research assumption is the following (organizational approach is the most important and effective instrument to achieve the goal of scientific-oriented law.

The law should be defined by the terms of science, not by the terms of politics and relatively social norms. Through legally organized law social needs can be satisfied at the right time, and legislative intervention becomes more functional.

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Publication Date
Tue Mar 19 2019
Journal Name
Journal Of Legal Sciences
The Legal Nature of Exception of Contract Non-Performance In The French Civil Code "Comparative Legal Study: Comparative Study

The exception of contract non-Performance represents an important mechanism in the implementation of obligations. It enables a contractor to refrain from implementing its obligation until the other party has fulfilled its obligations. It is a means of defense, pressure and guarantee of its rights. It is stipulated in articles 161 of the Egyptian Civil Code and Article 123 of the Civil Code While it was not provided for in the French Civil Code except after the issuance of Order No. 2016-131 on the reform of the system of contracts and public order and the establishment of obligations in articles 1217, 1219 and 1220 thereof. These texts, although they did not show the basis on which the exception of contract non-Performance, leaving this

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Publication Date
Mon Jan 28 2019
Journal Name
Journal Of The College Of Education For Women
Humanize nature in the poetry of childhood in Iraq (2003-2015)

That the nature of an important role in children's lives, Including offer them fun and freedom of thinking and capacity in the imagination. And its effective role of poets in general and especially apoet of childhood Selecting from diverse elements, And the rise to the level of human nature In order to enrich the child's imagination And the delivery of various ideas and information in a surprising. And are far from the decision-making and direct screed.this importance we set off For the study of poetic texts for children in Iraq During the research stage. Those texts in which the humanization began clearly,and our offer to these texts in style of detail and precision Not without expressing an my opinion during the research We finished th

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Legal Effects of Breaching the Administrative Contract : A Comparative Study

      The administration concludes two types of civil and administrative contracts, each of which is subject to its own system, and the administrative contract is characterized by a set of exceptional powers towards the contractor in order to compel him to implement his obligations

       And that administrative contracts require a large financial and technical possibility to implement them, especially contracts that focus on strategic projects, including general contracting contracts

      Which is based on the technical competence and merit of the contractor, and accordingly, delay in the implementation of contractual obligations or negligen

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Publication Date
Fri Dec 14 2018
Journal Name
Journal Of Legal Sciences
Authentic Judgments in the Judiciary International Criminal Court And its implementation mechanism

      بعد الانتهاء من مرحلة المحاكمة وصيرورة الحكم نهائياً  فى المحاكم الجنائية الدولية ، تأتي مرحلة تنفيذ هذه الاحكام التي تصدرها المحكمة، ومدى حجيتها ازاء القضاء الوطني ، واستنادًا إلى مبدأ التكامل فإن الأحكام التي تصدرها المحكمة الجنائية الدولية يكون لها الحجية إزاء القضاء الوطني، وإزاء المحكمة الجنائية الدولية ذاتها؛ حيث لا يجوز محاكمة الشخص عن الجريمة ذاتها مرتين سواءً أمام المحكمة ال

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Legal regulation of the central bank of Iraq: comparative study

The emergence of the central bank was a commercial bank the advantage of the government as if it belonged to him or the privilege of issuing banknotes. There is no comprehensive definition contrary to the concept of the central bank although everyone agrees that the central bank stands at the head of the banking system in the state and takes charge of banking and credit policy in the country.

The central bank is a governmental institution that dominates the monetary and banking system of the state it is responsible for issuing cash and acting as the financial agent of the government in addition to credit central in order to support the economic growth and monetary stability of the country and the central role of the central bank

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