الصّلح الجنائي في إطار التشريع العراقي والفقه الإسلامي:دراسة تحليلية
Criminal reconciliation is a procedural system that cannot be applied except after committing a crime. Its main purpose is to terminate the punitive case that resulted from it and to discontinue litigations arising from the offense. The criminal reconciliation gains its importance in the context of...
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| Summary: | Criminal reconciliation is a procedural system that cannot be applied except after committing a crime. Its main purpose is to terminate the punitive case that resulted from it and to discontinue litigations arising from the offense. The criminal reconciliation gains its importance in the context of legislation and criminal judiciary when it reduces the number of criminal cases brought before the judge. This can be fulfilled as a result of the termination of the general punitive case arising out of the crime in question via simple and clear procedures. These procedures can lead to a speedy dismissal of cases without referring to other criminal procedures. The problem of the study emerged from the observable Iraqi judicial setting in which the legislator has overlooked the importance of the criminal reconciliation, and limited its application range in very few crimes. This of course does not reflect the positive dimensions of the criminal reconciliation. The application of this procedure should be adopted and expanded in order to reduce cases delay and find urgent solutions to the huge number of cases seen by the Iraqi judicial courts. The objectives of the study were: to discuss the most important features that reflect the effectiveness of the criminal reconciliation, to discuss the rulings to which it is subject, to reveal its application range within the context of Iraqi legislation and Islamic law, as well as to analyze the implications of its adoption by the Iraqi legislation . The study utilized different methods. It used the historical approach in studying and extrapolating the legal principles and rules with a view to rooting them historically and philosophically. The comparative approach was also used when discussing the rulings of reconciliation and comparing them with the rulings of Islamic law. Additionally, the analytical approach was used to analyze the texts, rules and opinions related to the criminal reconciliation in order to identify weaknesses and obstacles, and to obtain effective responses to the study questions. The results of the study showed that the criminal reconciliation received a little portion of significance in the Iraqi legislation structure compared to other countries’ criminal legislation structures. Instead of narrowing criminal reconciliation application, the Iraqi legislator should have broadened its range of ratification and application. This may lead to putting an end to the abundant of cases, which has become an aspect of the Iraqi judiciary. The study also recommends that an amendment should be made to all legislative texts, which narrowed the application range of criminal reconciliation and limited its active role in resolving disputes and bringing about reconciliation. |
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