The Constitutional Foundation of the Principle of Criminal Legality in the Decisions of the Iraqi Federal Supreme Court
Keywords:
Criminal Legality – Federal Supreme Court – Non-Retroactivity of Criminal Law – The More Lenient Law for the Accused – Grounds of Justification – Natural Judge – Judicial Independence – Fair Trial GuaranteesAbstract
Abstract: The study examined the role of the Federal Supreme Court in consolidating the principle of criminal legality in Iraq, highlighting how its decisions have ensured that no act is criminalized or penalty imposed except through clear and explicit legal provisions. The research reviewed the guarantees of legality from both substantive and procedural perspectives, particularly regarding the clarity of legal texts, non-retroactivity, the right of defense, the publicity of trials, and equality before the judiciary. The study affirmed that the Federal Supreme Court has been an effective guardian of this principle, confronting any attempts to expand or obscure criminal provisions or allow executive interference in judicial work. The research concluded with the importance of developing legislation and strengthening judicial independence to safeguard constitutional rights and uphold the rule of law.
