Testimony is a mean of proof Iraq criminal law is compared with French law and Islamic law
الكلمات المفتاحية:
- testimony. - evidence. - eyewitness. - trials . - penal.الملخص
summary Testimony is one of the most important means of evidence in the criminal procedurecod, so we must know who the witness is what his testimony is, is it a testimony of proof or denial. it is required that the testimony be exclusively before the judiciary. One of the condtions for a witness that qualifies him is that the witness give his statement and the purpose of the witness giving his statement he must be aware of what happened of the crim before him. That is to be discerning sane of legal age to have completed fifteen years. In order to the testimony to be accepted and be a convincing proof and argument , It must be visual and auditory, he testimony is focused on a crime, and the witness is not one of those prohibited from testifying or their testimony is not accepted. Aftar all these condones are met in the person of the witness and the testimony itself, the witiness takes an oath the legal before the judiciary and to tell the truth.
المراجع
First: printed books
- Najm al-Din Jaafar Ibn al-Hasan al-Hudhali al-Hilli, Al-Mukhtasar al-Nafi’, National Library, Baghdad, 1964,
- Procedure Penale, 18 edition, Dalloz, 2001, p. 584
- Mr. Abdel Samad Muhammad Youssef, Evidence of Judicial Evidence in Islamic Jurisprudence and Positive Law, Al-Wafa Legal Library, 1st edition, Alexandria, 2013.
- The Iraqi Code of Criminal Procedure
- The Iraqi Penal Code.
- Hussein Al-Mumen, The Theory of Evidence, Testimony, Part 2, No Publishing House, Baghdad, 1951.
-Dia Sheth Khattab, Al-Wajeez fi Sharh Law of Civil Procedure, Baghdad, 1973.
- Abbas Al-Hassani, Explanation of the Code of Criminal Procedure, Baghdad, 1971,
- Abdul Qadir Odeh, Islamic criminal legislation compared to positive law, Legal Library, Dar Al-Kitab Al-Arabi, Baghdad, vol. 2, 2nd edition, 1964.
- Garrow, Part Two, Clause 392, French Cassation 1/5/1899
- Abdul Rahman Khadr, Explanation of Penal Principles,
- Mahmoud Mahmoud Mustafa, criminal investigation, item 826,
- Compare Henry, Leon, Jean Mazo, Lessons in Civil Law, the translator and publishing house were not mentioned, 14- Journal of Judicial Rulings, No. 208, Baghdad, Article 1687.
- Modern French Code of Criminal Procedure.
- Khaled Naji Shaker, Testimony and its Role in Evidence in Criminal Cases, Legal Research Center, Baghdad 1986,
-D. Baraa Munther Kamal Abdel Latif, Explanation of the Code of Criminal Procedure, 2nd edition, 2010
- Abdul Salam Mawid Al-Araji, Explanation of the Iraqi Code of Criminal Procedure, No. 23 of 1971, 1st edition, Al-Kitab Press, 2020,
- Ali Zaki Al-Orabi, Basic Principles of Criminal Procedure, Part 1, Cairo 1951,
- Sharif bin Jarwan, Means of Evidence in Sharia and Law, 2007
- Dr. Abbas Al-Aboudi, explaining the provisions of the Civil Evidence Law
- Ibn Qudamah Al-Mughni, Aid to the Seekers, House for the Revival of Arabic Books, Nour Library,
- Ahmed Fathi Bahnasi, The Theory of Evidence in Islamic Jurisprudence, fifth edition, 1989.
- Principles of French trials
- Mr. Abdel Samad Muhammad Youssef, Evidence of Judicial Evidence in Islamic Jurisprudence,
- Soldier Abdul Malik, The Criminal Encyclopedia, Beirut, Arab Heritage Revival House, 1976.
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- Fakhri Abu Safiya, Judicial Jurisprudence, Part 1, Dar Al-Amal for Publishing and Distribution, Jordan, 2001.
- Lafta Hamel Al-Ajili, Explanation of the Law of Evidence, Al-Sanhouri Library, 1st edition, Beirut, 2021.
- Muhammad Amin bin Omar Abdeen, Radd al-Muhtar ala al-Durr al-Mukhtar, Hashiyat Ibn Abdeen, vol. 5, Egypt, 2003.
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- Muhammad Fouad Abdel Baqi, Indexed Dictionary of the Words of the Qur’an, Dar Al-Akhbar for Arab Heritage, Beirut, no year of publication.
- Moawad Abdel Tawab, slander, insult, and false reporting, University Press House, Alexandria, 1988,
- Mahdi Saleh Muhammad Amin, Indirect Evidence of Law, Baghdad, no year, place of publication, or printing house.
- Raghis Sonia, Witness testimony and its role in criminal proof, Master’s thesis, Faculty of Law and Political Science, Algeria, 2015
- Abbas Al-Aboudi, Explanation of the Provisions of the Civil Evidence Law, Al-Sanhouri Library, 1st edition, 2015,.
-D. Baraa Munther Kamal Abdel Latif, Explanation of the Code of Criminal Procedure, Dar Al-Sanhouri, Beirut, 2017,
-.Baraa Munther Kamal Abdel Latif, Explanation of the Code of Criminal Procedure, Al-Sanuri Library, Beirut, 2017,
- Dr. Nashat Ahmed Al-Hadithi, Means of Evidence, 1st edition, Baghdad, 2014,
Second: Messages and theses:
- Imad Muhammad Rabie, The Authenticity of Testimony in Criminal Proof, Doctoral Dissertation, Faculty of Law, University of Jordan, no year of publication.
Third: Published research:
Muhammad Shalal Habib, Shahada and its rulings, a comparison between Islamic jurisprudence and criminal law, research published in the Iraqi Journal of Comparative Law, No. 21, 1989,
