Javascript must be enabled to continue!
Investigative Authority and the Basis of the Accused's right to Criminal Protection
View through CrossRef
When a crime is committed، the public authorities know about the crime that allows the investigation authority، which is represented by members the judicial police is to investigate and detect the crime and search for evidence related to it and resulting from it and the perpetrators and the circumstances surrounding it. Also، the work of members of the judicial police in this stage is sometimes in isolation from the oversight by a member of the Public Prosecution، especially that the crime is witnessed and committed، and the news of its commission has not yet reached the knowledge of the authorities. Even if we admit، for the sake of argument، that this control over these actions may be subsequent when presenting these procedures previously carried out by members of the judicial police against the member of the Public Prosecution، including those the procedures are in the investigation report prepared by them.
After the end of the investigation stage، the investigation stage begins، which is carried out by the judicial authority represented by the investigating judge and the investigator، and here the beg the criminal case begins to appear، as the previous stage، i.e. the investigation stage، is not related to the criminal case it is not a part of it، but it is considered a stage of preparation and preparation for the criminal case، with the evidence and presumptions it provides the investigating judge in issuing his decisions regarding the criminal case، using those evidence and what other evidence he also had obtained during the investigation stage. Here the presumption of innocence enjoyed by the accused must be used to refute these feeble and weak evidences that do not amount to remove this evidence from the accused. The evidence must be of strength and consistency in proving the charge against the accused in order to lift the presumption of innocence available in the accused. This presumption is the basis for the right of protection granted by law to the accused
Bilad Alrafidain University College
Title: Investigative Authority and the Basis of the Accused's right to Criminal Protection
Description:
When a crime is committed، the public authorities know about the crime that allows the investigation authority، which is represented by members the judicial police is to investigate and detect the crime and search for evidence related to it and resulting from it and the perpetrators and the circumstances surrounding it.
Also، the work of members of the judicial police in this stage is sometimes in isolation from the oversight by a member of the Public Prosecution، especially that the crime is witnessed and committed، and the news of its commission has not yet reached the knowledge of the authorities.
Even if we admit، for the sake of argument، that this control over these actions may be subsequent when presenting these procedures previously carried out by members of the judicial police against the member of the Public Prosecution، including those the procedures are in the investigation report prepared by them.
After the end of the investigation stage، the investigation stage begins، which is carried out by the judicial authority represented by the investigating judge and the investigator، and here the beg the criminal case begins to appear، as the previous stage، i.
e.
the investigation stage، is not related to the criminal case it is not a part of it، but it is considered a stage of preparation and preparation for the criminal case، with the evidence and presumptions it provides the investigating judge in issuing his decisions regarding the criminal case، using those evidence and what other evidence he also had obtained during the investigation stage.
Here the presumption of innocence enjoyed by the accused must be used to refute these feeble and weak evidences that do not amount to remove this evidence from the accused.
The evidence must be of strength and consistency in proving the charge against the accused in order to lift the presumption of innocence available in the accused.
This presumption is the basis for the right of protection granted by law to the accused.
Related Results
Przestępca zawodowy
Przestępca zawodowy
The article seeks to sum up all that has been said on the subject of professional criminality in the past half-century. It was never any part of the author’s aim to offer an analy...
Legal Politics of Investigation Authority in Criminal Offences Under the Draft Criminal Procedure Code (RKUHAP)
Legal Politics of Investigation Authority in Criminal Offences Under the Draft Criminal Procedure Code (RKUHAP)
The aim of investigative research is a pro justisia stage that serves to gather two pieces of evidence to find the perpetrator of a criminal act after an investigation. This proces...
CONSTITUTIONAL RIGHTS AND COERCION DURING INVESTIGATIVE (SEARCH) ACTIONS
CONSTITUTIONAL RIGHTS AND COERCION DURING INVESTIGATIVE (SEARCH) ACTIONS
The article examines the issues of ensuring the efficiency of criminal proceedings, and distinguishes investigative (search) actions which may be carried out in a person's home or ...
THE CONSEQUENCES OF SUSPECTS AND ACCUSED PERSONS' RIGHTS VIOLATION IN THE ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA
THE CONSEQUENCES OF SUSPECTS AND ACCUSED PERSONS' RIGHTS VIOLATION IN THE ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA
This study examines the consequences of suspects and accused persons' rights violation in the administration of criminal justice in north-western, Nigeria. The intention of this wo...
Participation In Crimal Acts According In Islamic Criminal Law
Participation In Crimal Acts According In Islamic Criminal Law
<p>The current Research This research aims to explore the views of Islamic criminal law in relation to the the concept of participation in a criminal offense. The research me...
FACTORS RESPONSIBLE FOR SUSPECTS AND ACCUSED PERSONS' RIGHTS VIOLATION IN THE ADMINISTRATION OF CRIMINAL JUSTICE IN NORTH-WESTERN, NIGERIA
FACTORS RESPONSIBLE FOR SUSPECTS AND ACCUSED PERSONS' RIGHTS VIOLATION IN THE ADMINISTRATION OF CRIMINAL JUSTICE IN NORTH-WESTERN, NIGERIA
This study examines the factors responsible for suspects and accused persons' rights violation in the administration of criminal justice in north-western, Nigeria. The intention of...
ANKSI KEBIRI KIMIA BSAGI PELAKU KEJAHATAN SEKSUAL TERHADAP ANAK
ANKSI KEBIRI KIMIA BSAGI PELAKU KEJAHATAN SEKSUAL TERHADAP ANAK
Sexual crime case against children’s in Indonesia are increasing rapidly from time to time. The more tragic fact is that most of the suspect origins from their own kin or around ...
Confronting with the Prosecution
Confronting with the Prosecution
Confronting criminal investigation activity cannot always be qualified as illegal activity of some participants in the criminal process. The right to defense in the criminal proces...

