Personal Criminal Jurisprudence of Internal Security Forces Courts

Authors

  • Sabah Misbah Mahmood al-Sulaiman Author
  • Kamil Nasir Shakir Author

Keywords:

Crime, Internal Security Forces, Internal Security Forces Courts, Policeman, Personal Criminal Jurisdiction

Abstract

This paper sheds light on personal criminal jurisprudence of internal security forces courts, which are specialized in trialing specific group of individuals: internal security forces employees. The paper tries to explain the legal nature of the rules of its jurisprudence as well as the constitutional and legal nature of its judicial structure. The researcher found that its jurisprudence in all of its types is considered a part of the public system and that its judicial structure has a dual nature that differs based on the types of the crimes trialed by such courts. So it is considered specialized court (regular judiciary) when its jurisprudence is limited to pure military crimes committed by policemen, provided that the president and members of the court fulfill the required conditions for being judges, while they are considered court of an exceptional nature (special) if they are looked at from the viewpoint of being specialized with public law crimes without considering the traditional regulations for appointing judges.

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Published

2022-01-01

Issue

Section

Articles