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The role of the court in invoking danger in criminal proceedings
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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, transport, communications and the environment, in addition to the development in the fields of practicing some professions such as medicine, construction, engineering and others. Legislative systems differed in how to deal with this issue. The question was whether the court's authority to assess dangerous behavior and the appropriate sentence was left to be regulated or regulated according to legal rules and criteria to be determined.                                                  

     This research aims to focus on establishing a precise and disciplined rule of how to invoke danger in judicial decisions as an element in the conduct of the crime and the duty to confirm and memorize it, in addition to the extent to which the Federal Court of Cassation controls the judgments and decisions of the court of the subject.  

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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
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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
Wed Apr 07 2021
Journal Name
Journal Of Legal Sciences
Criminal Order and its Role in Ending the Criminal Case: Comparative Study
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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
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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
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
The Role of Requests in the Criminal Case at the Trial Stage
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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
Thu Mar 21 2019
Journal Name
Journal Of Legal Sciences
Role of the federal supreme court in Iraq in strengthening the principle of separation of powers
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The constitutional judiciary has played an important role in promoting the separation of authorities in modern regimes. Their constitutions stipulated that there should be a separation of authorities so that each authority can exercise its functions in a manner that does not contradict the work of other authorities. Constitutional justice through the decisions issued by the constitutional judiciary through which the limits of its work is established and the introduction of the principle of separation of authorities from the elements of the legal state and also leads to the protection of the rights of individuals from any abuse may be issued by any authority.

And at the same time contributes to the process of the transfer of autho

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Criminal Penalties against individuals and the problems of execution according to the basic system of the international criminal court
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The international community has  sought to establish a judicial institution that works to apply the law fairly، as a result of a necessity dictated by the circumstances of the international community، and Because of the great violations against humanity in times of peace and war، and in order to establish the parameters of international criminal justice between all societies and countries، this necessity resulted in the idea of ​​establishing an international criminal court . A court that enjoys independence and impartiality  exercising  its international jurisdiction according to legal procedures to suo any one  accused of committing an international crime in to inflict Penalties against him or her، whether

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Publication Date
Mon Sep 02 2019
Journal Name
Journal Of Legal Sciences
The impact of danger in the element material of the crime
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The idea of ​​danger is of particular importance in the design of modern criminal Politics, especially in relation to places that are at the core of the principles of criminal legislation, which are the extent of its importance and its connection to crime and its physical structure in all its components.

             Most criminal legislation takes the danger of a Basis and a criminalization code, reflecting the criminal legislator's keenness to provide greater protection for the fundamental interests of the society. This protection is important and necessary, since it is often possible to wait for the harmful consequences of unlawful conduct.

  &nb

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Role of the Lawyer in the Administrative Lawsuit: A Comparative Study
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The legislators in (France, Egypt and Syria) set controls for filing an administrative lawsuit, including the signature of the lawsuit petition by a lawyer accepted before the court, and the lawyer is committed to performing his work in accordance with the conditions of the State Council and the practice of the legal profession. And if the goal of the legislator is to achieve the public and private interest represented in observing the law and assisting the plaintiff legally, then this condition sometimes leads to individuals refraining from resorting to the judiciary because of the financial cost of registration fees and lawyers, which prompted the legislator, especially the French, to exempt several lawsuits from this condition, includ

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
Showing the considered interest in the methods of appealing penal judgments
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The 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:

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Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
The Role of Supreme Fedral court in the Rationalization of lraq Parliamentary System According to the Coustitution of the Republic of Iraq 2005
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      تعد تقنية العقلنة ([i]) تقنية تطويرية للنظام البرلماني تعمل على معالجة الانحرافات التي يمكن ان تحدث لهذا النظام سواء بفعل النظرية او نتيجة للممارسة السياسية، ولعل اول من تحدث بموضوع (البرلمانية المعقلنة) الفقيه الدستوري الروسي الاصل (بوريس ميركن) في فترة مابين الحربين العالميتين (الاولى والثانية) واراد بها تقوية مركز الحكومة لمواجهة البرلمان، وقد اخذ بها واضعوا الق

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