The College of Law at the University of Baghdad discussed a master’s thesis in the criminal law of the student (Zainab Mohammed Jassim), marked with (the rule that the appellant should not be harmed by his appeal and its criminal consequences), on Tuesday, 3/12/2024 on the model courtroom at the college.
The discussion committee consisted of: (Dr. Amal Fadel Abdul Khachan as president, Dr. Karim Khamis khasbak member, Dr. Qaiid Hadi as a member, and Dr. Kazem Abdullah Hussein as a member and supervisor).
The thesis aimed to strengthen the guarantees of litigation in the criminal case and urge the parties to the criminal case to use their procedural right to appeal the criminal sentences without fear of aggravating the punishment for them.
The thesis included three chapters, the first of which dealt with the meaning of the rule (if the appellant is not harmed by his appeal), the second chapter dealt with the provisions of the rule that the appellant is not harmed by his appeal, and the third chapter dealt with the controls of applying the rule that the appellant is not harmed by his appeal and the competent authorities.
The thesis came up with several recommendations, the most important of which are:
1-we recommend the Iraqi legislator to provide for this rule to appeal by correcting the discriminatory decision, as the texts for this appeal came free from this rule, (266,269) from the Iraqi code of Criminal Procedure.
2 – We propose to the Iraqi legislator to exclude the appeal filed by the public prosecution by including it with a rule that the appellant should not be harmed by his appeal, similar to the comparative procedural penal legislation.
3-we recommend that the Iraqi legislator stipulate this rule as a legal principle in all methods of Appeal as a general rule and specify the exceptions contained therein clearly, explicitly, and specifically, as they appeared in various versions in articles (208/A), (245/C), (251/C) and (276) of the Iraqi code of Criminal Procedure.
