The Acquittal as a Legal Basis for the Accused’s Right to Abstain from Speaking in Iraqi Law and Islamic Law

Islam has safeguarded the rights of the accused and has surrounded them with great guarantees, and according to this approach, the Iraqi law has followed the legal method and has surrounded the accused with many strong guarantees in the system of criminal procedures. Where Islamic Sharia and contemporary man-made systems have preserved all the rights of the accused during the procedures of inference, investigation, trial, and even implementation, and among these rights is the accused’s right to remain silent, which is the subject of our research in this comparative study. The Islamic Sharia has guaranteed this right and made it a guarantee for the accused to defend himself and not to misinterpret the silence as a confession or confession by the accused. Islamic law did not make silence an admission or a confession Or the interpretation of silence as an admission of the crime, where the legal rules came Including the rule (do not prove to a silent saying). The right of the accused to a fair trial is a fundamental human right. He must be guaranteed all legal means to defend himself. The accused has the right to be tried before his natural judge and to provide him with constitutional guarantees, because the judge’s impartiality and independence are among the greatest guarantees that must be available to achieve the right and apply criminal justice. The accused or his representative must benefit from a series of procedural safeguards aimed at ensuring that the individual receives a fair trial and protects him from unlawful deprivation of human rights and fundamental freedoms. Our goal in this study is to review the Iraqi legislation regulating criminal procedures in an attempt to identify the guarantees of the accused and study the efforts of the Iraqi legislator to reconcile the requirements of protecting individual freedom on the one hand and the necessities of that. On the other hand, detect crimes and prosecute their perpetrators. However, there are exceptions to this principle, which are in the case of witnessed crimes or the arrest of the accused in flagrante delicto. In this study, we used the descriptive approach to extract the extent of the ratification of the guarantees of the accused, as well as the analytical method to analyze the various texts related to these guarantees.