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.
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
... Show MoreIn 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
... 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 MoreThe 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.
God created man with a social nature, that is, man cannot live alone, but there must be a society associated with him. And when God addressed Adam, the first of His creation, he addressed him with the speech of the Muthanna to him and his wife. “This tree, then you will be among the wrongdoers” (Al-Baqara: 35), and thus was the divine discourse for the first human experience on earth. It accommodates a social relationship, which is (the family), husband and wife. And since a person needs to meet, as Ibn Khaldun said: (The human meeting is necessary, and the wise men express this by saying (the human being is of course civil)) (). And as it is known that with the meeting, relations arise from love and hate, cooperation and struggle, a
... Show Moreتكفل الدساتير الملكية العامة للمواطنين جميعاً (1)، كما تصون الملكية الخاصة (2)، والملاحظ بجلاء أن الدستور في اطار حمايته للملكية العامة والخاصة يطلقهما دون مقيد، ويعممهما دون مخصص، ومؤداه أن الأصل هو ضمان الملكية بنطاقها الشخصي والموضوعي المطلق أما الاستثناء عليهما يستوجب التصريح ولا تغني الدلالة أو التأويل دون نص مخصص أو مقيد يرد في الدستور، مما يتطلب من القضاء الدستوري أن يبسط ولايته على حماية
... Show MoreCriminal 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
... Show Morethe bank sect for any country is very important because its represent a major nerve to feed a verity economic and finance activities .development any state measure by development banking sets and its represent important factor to investors attract . and because important of this subject ,teen accounting rule is a specialized for it .its related by Disclosures in the Financial Statements Of Banks and The Similar Institutions, its accredit by auditing and accounting standard consul in republic of Iraq.in date 10/28/1998. &
... Show MoreThe tax legal system, with its rules relating to imposing and assessing the tax and how to collect it, is one of the issues that the taxpayer is keen to follow-up on and caring about, but the aforementioned system is contested by two conflicting interests, the taxpayer’s interest in the view of a money-cutter and a means of always depriving of his wealth to the tax-imposing authority that It seeks to ensure the regular and steady flow of financial resources to the public treasury, which necessitates the presence of a judicial body entrusted with the task of securing a balance between these two conflicting interests from issues that consider themselves strongly in the tax field. It is one of the oldest human rights and public freedoms,
... Show MoreIn the event of a crime, a right to society arises in the imposition of the penalty by the perpetrator of the crime, through the criminal case, as it is the only way to do so. The acts carried out by the parties to the criminal proceedings, whether they are the litigants or others, are referred to as procedural actions. Directly any procedural action given only the availability of conditions
these conditions on the two communities: the first objective and the second formality, may relate to those conditions that the person who initiates the procedural or procedural work itself and can not work procedural to produce its impact if one of his conditions. The importance of these conditions of the importance of the rules of criminal p
... Show More