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. ,


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.