Protecting The Defendant’s Guarantees In A Criminal Case

Authors

  • Abbas Hikmat Farman University of Diyala - College of Law Author

Keywords:

Invalidity,, Procedural Protection,, Lapse,, Absence

Abstract

One of the principles of justice is respecting the guarantees of the parties to the criminal case, especially the accused, taking into account his rights, and preserving his freedom in a way that preserves these rights from any infringement or wastage of them at any stage of the criminal case, therefore, the legislative texts require that these guarantees be preserved, respected, and not be infringed upon when carrying out procedural work, and that they be covered. With various penalties in order to avoid abuse by those in charge of investigation and procedural work by exploiting their position and position to insult the dignity of the accused and mistreat him, therefore procedural actions may affect the freedom of the accused, his personal rights, and the safety of his body, therefore, whoever undertakes these actions must work according to the limits and conditions specified by law to ensure the legitimacy of the procedures he undertakes and to avoid violating the accused’s guarantees and rights, therefore criminal laws resort to granting the accused guarantees in the case. At the same time, it imposed protection for these guarantees and required the trial to consider procedures that violate these guarantees invalid and hold the perpetrator accountable criminally, civilly, and disciplinaryly  

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Published

2025-01-14

How to Cite

Protecting The Defendant’s Guarantees In A Criminal Case. (2025). Journal of Juridical and Political Science, 13(1), 333-380. https://www.lawjur.uodiyala.edu.iq/index.php/jjps/article/view/406