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Showing the considered interest in the methods of appealing penal judgments

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:

First: to cancel the appeal; As one of the regular methods of appeal in penal judgments.

Second: Adoption of a new path that has not been decided by comparative legislation, which is the appeal to correct the discriminatory decision.

The conclusion, then, is: The methods of appealing penal judgments in Iraqi law are: the normal methods of objecting to the judgment in absentia, and the unusual methods of discrimination, correction of the discriminatory decision, retrial. On the other hand, we find that the Egyptian criminal legislator divided the methods of appealing penal judgments into normal ways.

 Others are unusual, and it goes without saying that the appellant must be a litigant in the case, and he has an interest in filing the appeal.

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Considered Interest in Criminalizing Assault on Public Facilities

Public utilities are the most important institutions at the present time, because of their great importance in providing daily services to citizens to meet their needs, and thus help the state to develop and progress in various social, economic and even security fields, and they also have a major role in creating an environment filled with stability and good life.

Due to the great importance of public utilities, the hand of the legislator extended to protecting and regulating them in many legal texts, so he singled out many texts for them, whether in regulatory or even penal laws, and because penal texts are the most important legal texts because of their great role in protection, as well as their connection to the rights and fre

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Publication Date
Tue Dec 24 2019
Journal Name
Journal Of Legal Sciences
Interest in the criminalzation of smoking

Smoking is one of the biggest pests in societies and is one of the main threats to human health as the problem goes beyond the smoker and the non smoker around it and is transmitted through the air and produces what is known as passive smoking.

Scientific studies and medical research confirm that at least 90% of patients with oral, pharyngeal, laryngeal, and other cancers are among smokers. It is known that the risk of these cancers among smokers increases as the amount of smoking increases. That the incidence of these malignant tumors among smokers rises between 6 to 10 times the incidence in non-smokers, Recent scientific research has proved beyond doubt that tobacco contains precursors, active carcinogens, activated cancer cel

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
The penal rule on the blank

          The 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

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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
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
Possibilities of internationalizing the penal policy in the field of criminalization

       The 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

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Publication Date
Wed Oct 30 2019
Journal Name
Journal Of Legal Sciences
The origins of the legislative drafting of the penal procedure rule

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 follow

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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
Sat Jul 06 2019
Journal Name
Journal Of Legal Sciences
طرق الطعن وأحكام التقادم في قانون رعاية الأحداث العراقي رقم76لسنة1983

The criminal case of Juvenile has privacy at all stages, hence, the amended juvenile care Act no.76 of 1983 granted juvenile the right to appeal the verdicts issued by the juvenile courts. This is normal that those verdicts be included objectivity or procedural mistakes and in order to correct these mistakes, the law has granted the juvenile this right.

     Also, the mentioned act became a general principle unlike the amended law of criminal trails No-23 of 1971, which has been taken as an exception to increase the juvenile protection.

    The international conventions that compare with our study stated explicitly on the juvenile right to appeal verdicts but it did not stated explicitly

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Publication Date
Sun Sep 30 2012
Journal Name
College Of Islamic Sciences
The Authority and its impact on the prevention of Sharia rulings

Praise be to God, Lord of the worlds, and prayers and peace be upon our master Muhammad and upon his family and companions.
And after:

      Muslim scholars have fought in the extent of regard to these interests, each according to his opinion and according to his evaluation, and his consideration of this interest, but it remains important that the legislation in them needs more precaution and caution against the predominance of passions, because the passions often decorate spoilers so they see an interest, so practical application must To realize the spirit of Islamic Sharia in its entirety of its rulings, and the preponderance between the interests and evils that prevail in our societies, which c

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Publication Date
Mon Jun 05 2023
Journal Name
Journal Of Economics And Administrative Sciences
Using Statistical Methods to Increase the Contrast Level in Digital Images

This research deals with the use of a number of statistical methods, such as the kernel method, watershed, histogram, and cubic spline, to improve the contrast of digital images. The results obtained according to the RSME and NCC standards have proven that the spline method is the most accurate in the results compared to other statistical methods.

 

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