Scope of arrest of the accused in criminal proceedings (comparative study)

Abstract

Abstract The subject of the study deals with the scope of the arrest of the accused in the criminal case, within which the Iraqi legislator authorized the use of the arrest procedure, for the purpose of determining the extent to which the legislator achieves a balance between the right of society to punishment, and the protection of the personal freedom of the accused. Through the rules of procedure regulating the scope of detention within its substantive and temporal limits. The study

dealt with research in the objective scope of arrest, which determines for this procedure when issued a set of objective conditions that must be met in it, which represents the dedication of those guarantees, and related to the crime committed in terms of its gravity or punishment, as legislation took different standards, including those related to the gravity of the crime, including what is related to the standard of its punishment when using this procedure by the competent investigating authority. It is unacceptable for the defendants to remain for long periods in detention, whatever the reasons, as this contradicts the human rights stipulated by international conventions and the constitutions of different countries, including the Constitution of Iraq in force, and this is what we will shed light on…