ضَمانات المُتهم في المحاكمة العادلة في ظل القوانين العراقية النافذة

2020 Journal of Arts, Literature, Humanities and Social Sciences  
The accused's right to a fair trial is a fundamental human right. He must be guaranteed all legal means to defend himself. It is the right of the accused to be tried before his natural judge and to provide him with constitutional guarantees because the judge's impartiality and independence are among the greatest guarantees that must be available to achieve the right and the application of criminal justice. The accused or his representative must benefit from a series of procedural guarantees
more » ... ural guarantees aimed at ensuring that individuals receive a fair trial and protect them from unlawful deprivation of human rights and fundamental freedoms. Our aim in this study is to review the Iraqi legislation regulating criminal procedures in an attempt to get acquainted with the guarantees of the accused and examine the efforts of the Iraqi legislator to reconcile the requirements of protecting individual freedom on the one hand and the necessities of detecting crimes and prosecuting the perpetrators on the other hand. In this study, we used the descriptive method to extract the extent to which guarantees were approved for the accused, as well as the analytical method for analyzing the various texts related to these guarantees. The study came in the introduction and two topics: We dealt in the first topic with the legal guarantees of the accused in the pre-trial stage and in the second topic the legal guarantees of the accused in the trial phase. We ended the search with a conclusion with a number of conclusions and similar proposals.
doi:10.33193/jalhss.51.2020.59 fatcat:ll6zgvdrxrbw5o2vs3rfp6pm5u