الرافدین للحقوق (Sep 2024)

Compliance with the limits of the criminal case :A -comparative study-

  • Mayada ALhamdany,
  • Abbas Saeed

DOI
https://doi.org/10.33899/rlawj.2020.127016.1066
Journal volume & issue
Vol. 26, no. 88
pp. 329 – 367

Abstract

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A criminal lawsuit has limits that cannot be derogated from when the legal adjustment of the criminal incident in the trial phase, which is the personal limits represented by the accused against whom the “criminal case” was filed and was referred to the criminal court according to the referral decision, in addition to the physical limit represented by the incident attributed to the accused With the referral decision issued by the investigation authority. Adherence to these two limits represents the "rule of observance of the limits of the criminal lawsuit, which is considered a public order. In spite of this, there are facts that are covered by the legal adaptation of the criminal incident, although they were not mentioned in the referral decision as some of the facts that are already linked, as in continuous and successive crime, habitual crimes,

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