The Legal Value Of Criminal Evidence Based on a Defective Procedure in Iraqi legislation

Doi:https://doi.org/10.37940/JRLS.2022.3.1.5

Abstract

for ensuring rights and freedoms and reaching to the truth behind setting appropriate legal rules, there are a set of procedures that should be taken in order to implement those rules, as well as a set of procedures that were developed to reach the evidence that will prove or disprove the incident, the evidence should be obtained through one of those procedures that the law clearly and explicitly drawn up. But, in some cases evidence may be reached through an invalid procedure or if that procedure did not meet the required conditions for making it valid. This issue is of great importance, in that there is a large number of evidences that is useful in conducting or resolving the criminal case in terms of proving or denying the accusation against the accused, but it is obtained from a defective procedure or a violation of the law, that is, it is an illegal procedure, this procedure may infringe on the freedom of the individual and the protected rights. This research highlights issue of reaching evidence through defective procedure and how the Iraqi legislator handled that, and how the procedural rule can assist in confronting and treating the defective procedure and stopping the evidence based on such a procedure.