Nullity in Criminal Procedures (Comparative Study)

Аннотация

Since nullity encompasses a broad scope in the law and raises complex legal issues, it is essential to examine and study them to find the necessary solutions to ensure the smooth operation of the criminal justice system. This is particularly true given that the majority of criminal jurisprudence believes that nullity is the key to constructing every law and the best guarantee for the proper application of the law. The law cannot be applied without the validity of correct procedural actions. This means that it requires the validity of criminal procedures. Therefore, the nullity of these procedures affects the validity of the judicial decision. Consequently, it has become an absolute duty to find appropriate solutions to ensure the proper functioning of the criminal justice system, especially after the scope of issues has expanded. Criminal procedures have evolved in response to theto the progress and development of societies, enablingenabling them to address issuesaddress related issues related to the diverse interests that courtscourts consider. Things have turned to establishing a penalty for violating general legal rules, so that they become binding. The best of this is the theory of invalidity, and the basis of this theory is based on the principle of punishment for defective legal action. Therefore, most criminal legislation has tended to regulate cases of invalidity with texts in its laws. However, the Iraqi legislator did not specify this theory in the texts regulating it in the Code of Criminal Procedure; instead, it was scattered throughout the texts without being unified by a single purpose. Therefore, we consider it an essential and unavoidable duty to address the issue of invalid criminal procedures and the consequences and penalties that result from their violation. Consequently, we have embarked on writing this research to demonstrate the role and importance of invalidity in criminal procedures, as outlined in a research plan consisting of two sections. In the first section, we will address the nature of invalidity in criminal procedures, and in three subsequent sections. In the first section, we will explain the definition of invalidity, and in the second, we will examine the basis of criminal protection for invalidity. We will devote the third section to distinguishing invalidity from similar concepts in other legal systems. The second section is dedicated to invalidity, its types, and causes, and in three sections, we will explain the doctrines of invalidity in the first section, and the second will address the kinds of invalidity. In the third section, we will examine the causes of invalidity, addressing them sequentially according to the plan prepared for this purpose, as follows. This is the summary of the research, and success comes from God. Keywords: Legal Doctrine, Subjective Doctrine, and Mandatory. to address the multiple hypotheses related to diverse Introduction: Voidance occupies a broad scope in the interests, leading to the multiplication of cases before law, as it raises complex legal problems that require the the courts, a significant number of which are judiciary to resolve with a just ruling. It has also been considered. said that nullity is "the key to the construction of all law" (1), and that it is the best guarantee for the correct Therefore, thought has turned to establishing a penalty application of the law. The importance of nullity for violating important legal rules, thus establishing a emerged after societies advanced and criminal binding formula. The best example of this is the theory procedures developed. This was due to the expansion of nullity, as this theory is based primarily on the of the scope of topics they encompassed, which principle of punishment for defective legal action. The acquired varying degrees of importance to enable them importance of this theory is highlighted in the Code of International Journal of Law And Criminology 25 https://theusajournals.com/index.php/ijlc International Journal of Law And Criminology (ISSN: 2771-2214) Criminal Procedure. Criminal legislators in most address the problem, which branches into several countries have tended to regulate cases of nullity with problems. These problems revolve around the validity provisions in their laws to leave no room for doubt, and and legitimacy of the procedure, the consequences to inform the person conducting the procedure in that can result from the absence of its legal advance of the fate that their action may face, thus components, the penalty imposed on the defective observing the relevant provisions. The Iraqi legislator procedure, and whether it affects the procedure itself did not specifically address the theory of invalidity in in the lawsuit or the ruling as one of its procedures. the Iraqi Code of Criminal Procedure. Rather, some of These problems highlight the importance of research in the provisions on invalidity were scattered throughout its theoretical and practical aspect