Cross-cutting Constitutional Issues in The Criminal Case

Volume 8 , Issue 1 , June 2020 , Pages 226-255

Authors

Ali Majeed Augailyee 1 ; Eman Abdullah Al-Azawyee 1

1 Al-Mustansiriya Center for Arab and International Studies, University of Al-Mustansiriya, Baghdad - Iraq// College of Law, Uruk University, Baghdad - Iraq

DOI logo 10.17656/jlps.10173

Keywords

Abstract

Cross-cutting issues in a criminal case are among the most important substantive defenses that enter into the legal text form and the separation is closely related to the ruling in the incident before the criminal judge, whether by approving the acquittal or confirming the conviction, and this would lead to the suspension of the dismissal of the criminal case until the issue is decided The crossbar that is outside the jurisdiction of the criminal judge (sub-issues). The importance of the impact of these incidental matters on the criminal case increases if these issues are constitutional, because they relate to legal legitimacy and the preservation of rights and freedoms on the one hand, and because the jurisdiction of deciding on the legitimacy of constitutional texts or even their legislative interpretation in the event of challenging the constitutionality or requesting the interpretation of texts that can be interpreted is from Jurisdiction of specific entities in accordance with the law, the Federal Supreme Court in Iraq.
Keywords: Constitutional issues, barrier, criminal lawsuit, constitutional barriers.

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  • Published at1 June 2020

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