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Criminal Order and its Role in Ending the Criminal Case: Comparative Study

The Criminal Order System is a special procedural system that represents a form of (a non-pleading convention), which is intended to confront a particular type of crime in order to put an end to the expiry of the lawsuit resulting from it in a simple and easy manner that does not observe the rules prescribed for ordinary trials. The basic idea in the system of criminal orders is that the case papers in simple crimes contain enough evidence to decide on them without the need to proceed in the normal way of pleading, confronting and hearing witnesses ... etc.

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Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
Criminal mediation as an alternative to the criminal case in Iraqi legislation

Criminal mediation is one of the new means that seeks to resolve criminal disputes away from the traditional procedures of criminal cases and outside the court, but under his supervision and supervision, the mediation process is based on the consensual idea of ​​ending the conflict as it gives both the offender and the victim a role in resolving the next conflict between them Outside the judiciary, with the intervention of a third party from the third party (the mediator), who has the main role in the success of the mediation process, and the mediator is obligated to inform the judicial authority of the results of the mediation, and then the judicial authority later has discretion in the return report, otherwise You will either go th

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
Interception of Criminal Prescription : A Comparative Study

Criminal prescription is a legal idea that we find its applications in most laws, It means that a period of time has passed since the occurrence of the crime, which is called the prescription of the criminal case or the crime, or the lapse of a period of time since the issuance of a final judgment in the criminal case, and it is called the prescription of the penalty, the lapse of the prescribed period will result in the expiry of the criminal case in the first case, and the lapse of the penalty imposed in the second case. This system has been found since ancient times in the legislation of countries with their various legal and political systems because of its practical considerations, the most important of which is achieving legal stab

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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
Tue Oct 29 2019
Journal Name
Journal Of Legal Sciences
The Court of Cassation of Discrimination on the Reality and the Law in the Criminal Case

The Court of Cassation is a court of law that monitors the lower courts by reviewing the judgments and decisions issued by these courts, and the fact that their control is on the side of the legal to judge the penal. It monitors the commitment of the courts' compliance with the proper and formal rules of law. In some cases, are errors chop terms and criminal to the facts of the case are subject to the jurisdiction of the Court of Cassation and not to the Court of Cassation, except to the extent that they cause the provisions through which the Court of Cassation can impose control over the facts of the criminal case and the outcome of the Court topic The subject of the results, and thus the legal aspect of the criminal case is the place t

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Publication Date
Fri Dec 14 2018
Journal Name
Journal Of Legal Sciences
The Speedy of Criminal Trials between Theory and Practice A Study in the Jordanian Penal Code

The 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

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
The Role of Requests in the Criminal Case at the Trial Stage

The trial stage is one of the important stages in the criminal case, which aims to assess the weight of the evidence, whether it is in the interest of the accused or against his interest. When the subject court presents the evaluation of the evidence, it presents it in terms of its value in proof. Therefore, the trial procedures guarantee to the litigants, especially the accused, many guarantees, including the right to defense and to express the requests that the legislator allowed them to make, and the judge is not bound by the requests of the litigants. He is free to deny the evidence and is not obligated to include in the reasons for his ruling all the evidence that was presented during the session. Rather, he is only obligated to sta

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Proposed Legislative solutions to Adopt the Community Service Sentence in the Iraqi Criminal legislation Comparative Study

The community service in its various forms topped up the alternative short term custodial sentence in some crimes, and experience has shown the success of this alternative in sparing the convicted negative effects of custodial sentences in all social, psychological and even economic aspects and on the other hand addressing the problem of overcrowding prisons. This penalty consists of requiring the convicted person to work certain hours in specific areas and within a certain period determined by the legislator. Through comparative analytical studies between Western and Arab legislation, we found there are such major differences in the ways in which [community service] has been worked out that it is impossible, indeed irresponsible, to tra

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Medical identification in mass graves and its role in criminal evidence

Medical identification  is deemed  of  the most important evidences   in the criminal  investigation   on massive  cemeteries, as it is identified  the   unknown  individuals   either alive or died. Whereas the victims of  massive cemeteries are individuals were murdered  and then buried or  buried   alive and  thence   identifying   the bodies of the victims   should be evaluated   technically  and  need   medical experience  by checking  its   apparently or  internally (anatomically)  by  expert (Forensic  Medical Doctors)  to ma

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
Methodology of criminal judiciary in developing the legal rule

Every mental action has a clear approach resulting from a sequence of thinking towards the goal to be achieved, and in order that the legal rule - to be developed - finds its acceptance by the highest degree criminal courts, and in order that it is adopted by the legislator, the criminal judge should adopt a certain methodology that matches his work. The developed judge is the one who keeps trying to harmonize the text with the new reality, and by doing this he may oppose the direction of the higher courts, but he convinces them through all the mental procedures and processes to show a “truth” on which the best solutions can be built.

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Publication Date
Wed Nov 01 2017
Journal Name
Journal Of Economics And Administrative Sciences
strong criminal capabilities، Using simulation .

The penalized least square method is a popular method to deal with high dimensional data ,where  the number of explanatory variables is large than the sample size . The properties of  penalized least square method are given high prediction accuracy and making estimation and variables selection

 At once. The penalized least square method gives a sparse model ,that meaning a model with small variables so that can be interpreted easily .The penalized least square is not robust ,that means very sensitive to the presence of outlying observation , to deal with this problem, we can used a robust loss function to get the robust penalized least square method ,and get robust penalized estimator and

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