The College of Law at the University of Baghdad discussed a PhD thesis in the criminal law branch of student Issa Jaafar Radhi, tagged with (the rule of transformation in criminal procedures), on Wednesday 4/1/2023 in the model courtroom in the college.
The discussion committee consisted of Messrs. Prof. Dr. Nawal Tariq Ibrahim as Chairman, Prof. Dr. Huda Hatif Mazhar as Member, Prof. Dr. Kazem Abdullah Al Shammari as Member, Assistant Professor Dr. Nawar Daham Matar as Member, Assistant Professor Dr. Alaa Nasser Hussein as Member, Assistant Professor Dr. Sabah Sami Daoud as Member And a supervisor.
This thesis aims to point out that the issue of the transformation rule in criminal procedures and under the Iraqi Code of Criminal Procedure presents many problems, especially in light of the clear lack of application of the legal rule that deals with this issue. The deficiency in it, through resorting to a side of other criminal procedural laws.
The dissertation also included three chapters, the first of which dealt with the procedural work and the penalty for violating it, the second chapter dealt with invalidity and the rule of transforming penal procedures, while the third chapter dealt with the rule of transforming the penal procedural system.
The most important recommendations of the study are that the criminal law is subject to the protection of social interests, and the procedural rules seek towards the same goal that the substantive rules seek. Organizing correct procedural actions that serve all interests, strengthening judicial procedures, revealing its implicit role according to the text of Article (190|a), and amending the text in a way that makes the application of its role explicit, because this text authorizes the Criminal Court to withdraw the first charge and direct a new charge.
