The legal structure of the criminal procedural rules consists of two elements: the first is substance or substance and is the primary material of those rules. It is the values which the legislator aims to protect in order to achieve the desired interest. This can only be done by putting that content or substance into molds that can be applied By legislative drafting of legal rules and this second element, in which the legal construction of legal norms is completed and the final form of the legal rules becomes applicable and the legislative formulation conveys the essence of the rule of law From the static theory to the practical situation. and for the purpose of achieving the purpose for which the legal basis was found to be followed the principles of the legislative drafting of the legal rules and according to the procedural criminal policy followed by the legislator, as the legislative wording varies according to the authority or right granted by the legislator to the perpetrators of the rule of criminal procedure , The wording of the legislative form is divided in terms of style into rigid formulation and flexible formulation, and the method used in drafting may be material or moral. Therefore, we discussed the origins of the legislative drafting in the procedural rules in the Iraqi Code of Criminal Procedure, with some shortcomings in the formulation of its rules, and it was found that the Iraqi legislator has taken various legislative drafting methods.
This study seeks to define the idea of abstraction in the rules of criminalization and punishment and to indicate the extent of privacy that it enjoys in the field of criminalization and punishment, which is represented in the fact that it is not absolute as in the general legal rule, but rather it is restricted by several restrictions, which are due to the nature of this law and the basic functions it performs in society and the nature of The penalties it contains and its aim, which is represented in achieving public deterrence, private deterrence, and justice. This study also explains the importance of abstraction in the rules of criminalization and punishment, represented in achieving justice and equality among all individuals,
... Show MoreThe source, the objective penal rule that consists of two parts: crimination & penalty, the part of crimination is the (ORDER) that means the mater that has been avoided.
(THE ORDER) or the order that has been done (THE PROHIBITION) , it is an order or prohibition has been enacted by the legislator to the adult person to subject to the penal rule , but the part of the penalty is the legal effect that resulted to violate the crimination part , and the source is to mention the penal rule with two parts in one penal code , but maybe to be mentioned as separated matter more than one legislative code in the law or contemporary different laws , there is
... Show Moreالحمد لله رب العالمين فاتحة كل خير وتمام كل نعمة ، والصلاة والسلام على خير الأنام رسوله محمد بن عبد الله وعلى اله الأطهار وصحبه الأخيار أما بعد:
تكتسب الصياغة التشريعية أهمية متزايدة في مجال الدراسات القانونية سواء من ناحية فهم عملية إنشاء القاعدة القانونية أو من ناحية تطبيقها على يد المشتغلين في القانون من أساتذة القانون والقضاة والمحامين ، بل أن الصياغة التشريعية غدت مادة تدرس في كثير من كليات القانو
... Show MoreThe penal policy has an essential role in guiding the legislator to determine the interests worthy of penal protection. which are numerous and varied according to the circumstances and needs of each society, and that determining those interests within the community is closely related to the culture of that society and its political, economic and social systems, and given the diversity of societies in their culture and systems, so they vary -Generally- its penal policies accordingly. But this does not preclude the existence of common criminalization shared by all the legislations of the countries of the world. and which agree to criminalize all religions and human beliefs and international covenants, w
... Show MoreThe methods of appealing penal judgments are: it is the permission established for the parties to the case to show the defects of the ruling issued in it, and the request to the competent court to cancel it or amend it in a way that removes from its defects. Penal legislation differed in the possibility of appealing penal judgments; The Iraqi penal legislator has taken a different path in the methods of appealing penal judgments other than the path taken by most comparative penal legislation. After the advent of the Code of Criminal Procedure No. 23 of (1971), and based on the provisions relating to the methods of appeal in the aforementioned law, we find that It is distinguished from the comparative legislation by the following:
... Show MoreGovernance is a relatively modern term, specially in Arabic, it represents the Arabic translation of English word "Governance", This term refers to standards, approaches and policies to achieve quality and excellence in their application, the need to use these standards has emerged in the legislative field.
Good legislation is characterized by efficiency, realism, transparency, fairness and predictability by those who address them.
This research focuses on subjecting performance evaluation legislation to legislative governance standards to make this legislation high quality and effective.
Public property has been very important because the function of the state is not limited to traditional jobs, but extends to all aspects of activities to provide services to the public, with the attendant use of public property and the need to maintain it as the basis for such activities.
The legislation concerned the Public property and its protection. Starting with the Constitution, which is the highest legal rules in the state as well as general laws administrative decisions.
This study aims to shed light on the concept of legislative reforms and its effects on legislation that protects the Public property, which is a precise legislative process that needs to be examined because it does not always aim at evaluating the
... Show MoreThe Standards on Speedy Trial and Timely Resolution of Criminal Cases have some main purposes such as effectuate the right of the accused to a speedy trial, to further the interests of the public, including victims and witnesses, in the fair, accurate, and timely resolution of criminal cases; and to ensure the effective utilization of resources. Despite the importance of these principals, the Penal Legislator needs to recognize such principals in order to avoid the problem of prolonging the criminal proceedings. This study highlights the issue of delaying in criminal trials, and prolong the criminal proceedings, and to speed the Criminal Procedure, and how to avoid the problem and the dilemma around the lack of speeding of Criminal Proce
... Show MoreThe legislator sought to provide the greatest protection for public funds. The wisdom of this is clear and is one of the necessities of running the public utilities regularly and steadily. The waste of public money and its lack of public facilities impede the provision of its services and the delay of services and hindering access to the public. In Iraq, services are lagging behind and almost a collapse in service.
Hence, the legislator has created a special protection for the employees because of the importance of the role played by this group as they represent the state with all its institutions and to enable them to perform their duties. To make the acts committed against them in the performance of their duties or to cau
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