Invalidation in Criminal Procedures (A Comparative Study)

Abstract

Because of its importance in the area of penalty procedures, nullity occupies a wide range in the law regarding the precise legal problems it raises which require attention and study to find the necessary solutions to them to ensure the conduct of criminal justice, especially since the majority of criminal legislators believe that invalidation is the key to the construction of every law, and the best guarantor of the application of the law in its correct form, because it is impossible to the law to be applied without the validity of the correct procedural actions, meaning that it requires the validity of the criminal procedures, so the invalidity of those procedures is related to how valid the judicial decision is .
And for this, it has become an absolute duty to find suitable solutions to ensure the correct conduct of criminal justice, especially after the scope of topics has expanded and penal procedures have developed as a result of the progress and development of societies that have included them, so that they can face the multiple cases that relate to the diverse interests that the courts consider. However, the solution presented is to establish a penalty that results from a violation of the general legal rules in order that they have a binding character, and the best expression of this solution is the theory of invalidation , and the basis of this theory is based on the principle of giving a penalty for a defective legal action, and thus most criminal legislation has tended to regulate cases of invalidation with texts in its laws, with an exception for the Iraqi legislator who did not specify this theory with texts that regulate it in the Code of Criminal Procedure, rather, distributed throughout its texts without being united for distinctive ends .
It is obvious that it has become an inevitable duty to challenge the issue of invalidation of criminal procedures and the consequences and penalties that result from them when they are violated. Therefore, writing this research is a start to show the role of invalidation and its importance in criminal procedures according to a research plan consisting of two sections.; In the first section, I will discuss what the invalidation of procedures is, and it lies in three branches. In the first, I explain the definition of invalidation , in the second I discuss the basis of criminal protection for invalidation , and the third one is devoted for the distinguishing of invalidation from similar legal systems. The second section is devoted to the types and causes of invalidation , , and in also three demands, I will explain the pillars of invalidation in the first requirement, and the second will be for the types of invalidation . As for the third requirement, I will discuss the reasons for invalidation , and this is what I will address successively according to the research plan.