Criminal Protection of the Rights of the Accused in Islamic Law and Iraqi Law

One of the most important aspects of Sharia is the concern for your common rights as a respected person. Therefore, Sharia gives this matter the most attention and revolves around the fact that an individual who enjoys judicial guarantees can protect the rights granted to him by the Creator and their generosity over them, as it takes precedence at all stages of criminal cases, especially at the trial stage, providing the guarantee to the accused. In addition to international charters, conferences and charters related to human rights, the country’s legal dimension space is also enshrined in the texts of the state’s constitution and legislation, as it focuses on the best and greatest of God Almighty’s creation, taking into account the seriousness of sexual trial, the consequences of this procedure and its connection to human rights and individual freedom and the preservation of His humanity and dignity, and the reasons that may prompt the accused to make a confession or statement that may undermine him highlights the importance of the study in emphasizing the guarantees provided by the criminal procedure system to the accused during investigations, and emphasizing and clarifying their interests. They investigate, as well as highlighting the role of Sharia in emphasizing the defense of the rights of the accused, as this is one of the factors that help in recognizing that Sharia protects human rights in general and the enthusiasm of the accused in particular. Criminally or criminally accused under any circumstances. Therefore, the Islamic religion and Iraqi law prohibit punishment or torture to force one to plead guilty. Islam allows procedures through which national interests can be documented, such as detaining him for a period of time. From the proposals of these studies, we recommend that the accused observe the right of silence every time he is interrogated, especially since Article 123 / A states that the investigative judge or investigator must interrogate the accused within 24 hours. of his presence. He may re-examine the accused to clarify the facts whenever he deems it necessary. when he was interrogated.