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صياغة الحكم الجزائي : دراسة مقارنة == Formulation Of Penal Judgment Comparative Study
Author name:
حيدر حميد صبري الخزاعي
Supervisor name:
علي حمزة عسل الخفاجي | حبيب ابراهيم حمادة الدليمي
General topic:
Law
Specific topic:
Principles of Criminal Trials
Degree:
Master
University:
University of Babylon - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Babylon
First pages:
13T1566 - p.pdf
Abstract:
The legal formulation represent the transferring or modifying the original material of the legal context for the legal rules and formulate it in the legal text which aimed to achieve or get an advantage to fulfilment the legal policy, the formulation is very important elements of the legal rules elements because it is gave the rules the practical forms of implementation, regarding to the penal judgment in the judicial work which represent the general form of announcement the judicial willing or volition, which represent its aim and desire, the purpose of the penal judgment is to judge or solve conflicts according to the law.The typical formulation of the judgment represent all of the judgment contains as the data, its elements and its core which can’t be divided or separated because they are parts should be available in the law, put before this data there are some correct procedures should be followed before formulating the judgment which are court stamp, deliberating or discussing the judgment, writing the judgment, while for the data of formulating which represented by the judgment preamble, statement and its causes, otherwise the judgment formulation is not typical, which lead to refuse or reject the panel judgment some times, therefore panel judgment should have the data which are judgment preamble, statement and its causes, because this data is completed each other.May be there is a mistakes in the panel judgment through its formulation from the competent court, and according to these mistakes which identifying in the panel judgment several affected through its corrections, in the same time the mistakes are not in the same level or degree, the mistake may be essential ones, therefor the court will reject the judgment, while if the mistakes are not essential the court of the subject can correct or adjustment the formulation, therefore the legislation determine the methods to avoid these mistakes, what follows on these mistakes of affects in the panel judgment.To present the ideas of our thesis I divided it as the following, I’ll research in the first chapter the typical legal formulation of the panel judgment, while in the second chapter is about the typical formulation data of the panel judgment, in the third chapter the correction of the mistakes of the formulation the panel judgment and the affected which will follows, finally my thesis ended by the conclusion which summarize what I reached of results and suggestions
