The Role of the Administrative Judge in Moving the Case in Perjury in Sessions: A Comparative Study between Iraqi, Emirati and Lebanese Law

Author:
Khudhair Abbas Hadi al-Aayedi
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Social Sciences, Media and Communication
Year:
2019
Publisher:
URD Press
Supervisor(s):
Mahmud Mirkhalili

If the court decides to prosecute the witness on perjury during the session, it must charge him with perjury during the trial, but it does not rush to pass judgment on him, but rather waits until the original pleading ends. And that the crimes that occur during the session and the court did not initiate the case when it was held, its consideration is in accordance with the general rules, and then it appears the importance of research in determining the role of the administrative judge in initiating the case in perjury in the sessions, and that perjury in sessions requires the administrative judge to move the case from his own The presence of perjury in an administrative case and the occurrence of perjury during the session, and therefore we dealt with the research using the comparative analytical research method, and the research reached a number of results, including that perjury is one of the crimes affecting the judicial work with the intention of obstructing the judicial work and is linked to the interest of society and the public interest, And it is held without complaint, and that perjury is deliberate perjury or forgery of confirmation to tell the truth, whether written or spoken, on a matter essential to a judicial procedure, and the witness deliberately falsely tells the truth about issues that affect the outcome of the case, and the study suggested to the Iraqi legislator exemption Perpetrator of perjury, the witness’s retraction of his statements and the reinforcement of the truth in the case before a ruling on its merits or a substantive decision is issued From the authority to investigate in Article 256 of the Penal Code in order to encourage him to confess perjury, and to give the judge discretionary authority in the necessity of achieving the special intent, as the crime of perjury is considered a premeditated crime in which the general criminal intent must be present..