Al-Biruni Journal of Humanities and Social Sciences

Abstract

Given the difficulties facing the justice systems in Iraq and Jordan, which have different legal systems and judicial practices, this research is important because it highlights the critical role that the criminal procedure system plays in upholding justice and safeguarding the fundamental rights of those involved in the criminal process. With an emphasis on the laws governing procedures, established legal guarantees, and the fundamental principles guiding criminal trials in both Iraq and Jordan, the research attempts to give an analytical examination of the two systems from a theoretical perspective. Additionally, it looks for theoretical issues with the guarantee system's implementation and suggests frameworks for the criminal justice system's growth that will guarantee a balance between obligations and rights. With an emphasis on contrasting the most important legal texts and concepts in each nation, the study took an analytical and descriptive approach, mainly depending on an examination of legislative documents, legal literature, and court decisions. The study's position as a theoretical reference that aids in the development of a cognitive grasp of criminal procedure systems was strengthened by the objective analysis of legal sources that was utilized to identify differences, similarities, and theoretical flaws. According to the study's findings, there are numerous fundamental similarities between the two systems. Nonetheless, there are significant variations in the quality of legal guarantees offered, which correspond to variations in the degree of protection afforded to defendants' rights. Adopting judicial procedures that are in line with human rights and international norms can help to improve these disparities. The study also made clear that some laws in Jordan and Iraq need to be revised and strengthened in order to improve legal guarantees and fortify individual legal protection, especially during the stages of inquiry and trial. The study highlights how crucial it is to logically harmonize criminal procedure concepts and fortify legal safeguards within the context of human rights-based judicial practices. It also provides theoretical suggestions for creating a legal system that complies with international norms and brings about the intended justice.

Keywords: Criminal Procedure; Legal Guarantees; Criminal Justice; Trials And the Judicial System

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Article history_en

Received : Jan 25, 2024

Revised : Jan 27, 2024

Accepted : Feb 18, 2024

Authors Affiliations_en

JAMAL AHMED ALKATHMY *, SUA’AD ABDELRAHMAN HUSSIEN

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