The Rule of Preventing the Gathering of Evidence in Iraqi Law
Massooma Ghali Flayyih Al kinani ,Abdulla Khodabakhshi
Keywords:
Exclude evidence, Legality of the evidence, criminal proceedings, Iraqi law, ,international human rights law, criminal justice system. ,
Abstract
The legality of evidence serves as one of the important aspects of due process credibility in overall, which necessitates that another rule which also enables for the contravention of rights and freedoms be derived from the law. Criminal procedures are, in summary and actuality, legislation to ensure for the perpetrator's fundamental freedoms, guarantee that his freedom and right of free are not threatened. The article focuses on Iraqi law, specifically the Iraqi Code of Criminal Procedure and the Iraqi Charter of rights, in regard to the safeguarding on some rights enjoyed by those under suspicion in criminal investigations. This research primarily focused on doctrinal investigative work, that further assessed quantitative and qualitative techniques. The paper first looks at statistical distribution, or rather we tried to take a representative group of 200 fraudsters and employed the Questionnaire to assess their knowledge of these laws. We anticipate the theories fairly soon after research project. Based on the current report's results, the proposition for restoring the Iraqi criminal court system that the system's operations adhere to the criteria outlined in the international standard of fair trial. As the protection of fair trial under Iraqi laws is compared to international human rights standards, roughly similar methodologies are also employed to advantage as from personal experience of other inbound and outbound ethical requirements.