Legal Organization for Bringing the Accused In Iraqi law (Analytical Comparative study)

Volume 14, Issue 2 - Serial Number 2
Autumn 2023
Pages 329-346

Document Type : Research Paper

Author

MA in public law

Abstract
The summons to appear is one of the procedures stipulated by the penal legislator in most of the ethnic and Egyptian criminal legislation, as this procedure is considered one of the procedures that preserve the rights and freedoms of the accused in accordance with what was stipulated in the Iraqi constitution of 2005. It is taken by the investigation authorities and the criminal judge when it is necessary for the accused or one of them to appear .parties to the criminal case. This is determined according to the type of crime committed by the accused. If the crime carries a penalty of one year or less, the competent authorities may summon the accused to appear.
That is, the summons to appear is one of the procedures that the investigative authorities resort to in accordance with their discretionary authority in light of the legal controls contained in the Code of Criminal Procedure, especially in simple and non-serious crimes in which there is no fear of the accused escaping or his influence on the conduct of the investigation or the parties to the criminal case. This procedure is such that in implementation it is not permissible to resort to force or coercion against the wanted person and to take action against him when he refuses to comply voluntarily and voluntarily,

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Subjects
  • Receive Date 23 September 2023
  • Revise Date 08 October 2023
  • Accept Date 09 October 2023