The College of Law at the University of Baghdad discussed a master’s thesis in the criminal law branch of the student, Tabarak Sabah Jassim, tagged with (applications and their role in the criminal case), on Monday, corresponding to 20/2/2023, in the conference hall in the college.
This thesis aims at the importance of applications as one of the foundations of the right to defense before the criminal court and has a special importance in the criminal law. The procedural penal laws include a set of rules that show the procedures that must be taken in the criminal case when a crime occurs and determine the responsibility of the perpetrator and impose punishment on him. …etc. Therefore, it was necessary to grant the litigants in the criminal case the means that guarantee their rights and freedoms, and by means of which the assault can be repelled and that prejudice lifted by nullifying the defective and illegal procedure and not relying on it and the evidence obtained from it.
The thesis also included two chapters, the first of which dealt with the nature of the applications in the criminal case, and the second chapter dealt with the applications as one of the aspects of using the criminal case.
The most important recommendations reached by the study, we call on the legislator to oblige the judge and the trial court when rejecting the request to cause the rejection because the requests are related to the interest of the litigants and are from public order and so that the litigants can challenge the decisions of the investigating judge or the judgments of the trial court, granting the investigative judge compulsory rather than discretionary authority to accept Requests being a stage of collecting evidence and assessing its sufficiency for referral to the subject court, and there is a next stage, which is the trial stage, in which the judge assesses and weighs the evidence, including a paragraph within Articles (55) and (142) related to the decision to transfer the case, obtaining financial guarantees to be paid to the state treasury in relation to For malicious transfer requests, being a dangerous measure, and so as not to take a means to unjustifiably delay the settlement of the case.
