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Federal Court: Wrong legal decisions do not violate human rights
19/2/2018 12:00 am [rtl]Baghdad / Al-Sabah The Federal Supreme Court confirmed that Article 249 of the Code of Criminal Procedure No. 23 of 1971 does not intersect with the principles of human rights and freedoms contained in the Constitution, pointing out that the interim decisions issued by the investigating judge are not immune to Appeal. "The Federal Supreme Court held its session in the presence of all members and considered the appeal against the unconstitutionality of paragraphs (b) and (c) of Article 249 of the Code of Criminal Procedure No. 23," said Ayas al-Samuk, the court's spokesman. Of 1971, "noting that" the plaintiff stated in his lawsuit that the paragraphs of the rights and freedoms of citizens by preventing the appeal of some decisions of the investigating judge. " Article 249 of the Code of Criminal Procedure No. 23 of 1971 states: A. The Public Prosecution, the accused, the complainant, the civil prosecutor and the civil official shall appeal to the Court of Cassation in judgments, decisions and measures issued by the Court of Cassation or the Grand Court for a misdemeanor or felony If it is based on a violation of the law or an error in its application or interpretation, or if there was a fundamental error in the procedures of fundamentalism or in the estimation of evidence or estimate the penalty was wrong in the ruling. (B) The error in the proceedings shall not be taken into account if it is not detrimental to the defense of the accused. C. The appeal shall not be accepted as a separate discrimination in decisions issued in matters of jurisdiction, intermediate and administrative decisions, or any other decision other than a separation in the case, unless it results in a ban on proceedings [/rtl] [rtl][You must be registered and logged in to see this link.][/rtl] |
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