Return to Investigation or Trial Proceeding in Iraqi Legislation

Abstract

The return to the investigation and trial procedures is one of the issues organized by the Iraqi Criminal Procedure Law. The return is related to the criminal case that has already been set in motion, whether it has passed or has not yet been completed. It is not problematic to return when the case is still pending; the return to procedures is only a completion of the proceedings in order to achieve the desired objectives. After the expiry of the case, the principle is that it is not permissible to return to the proceedings, since the return in this case affects many of the established principles in the area of ​​criminal proceedings. However, the legislator exempted certain cases and allowed return in them for factual reasons relating to the legal description of the crime on the one hand and the legal status of the convicted on the other.

It should be noted that the legislator did not make the return limited to the tightening of the penalty or the innocence of the charge, which can be said that the purpose of the return to action was to achieve justice as fully as possible. Note that the legislator is far from the scope of the return passport cases where the judgment has been acquitted. We have discussed the concept of return and its image in this research as well as the aspects of cases and the reasons for returning to the investigation or trial procedures in accordance with Iraqi legislation.