The jurisdiction of the criminal court in the discriminatory interference with the decision of referral and its ashkalet

Abstract

The authority to intervene is discriminatory in the decisions issued by the investigating judge, such as the guarantees provided by the Iraqi legislator in the context of the criminal case. This power has been granted to the specific bodies of the Federal Court of Cassation and the Federal Court of Appeal as well as the Criminal Court. On the other hand, The authority to intervene in an absolute court of delicts and leave the subject of procedural error in the decision to refer to the practice of appeal by the parties to the case is not granted and therefore the court of delicts remains in a situation where the procedural error can not be remedied by the decision of assignment Has the authority to return the case in which the wrong decision was issued to the Court of Inquiry and can not request the Criminal Court to intervene or refer the case to it because it does not have the legal authority to return or refer to the said courts , Accordingly, this is a legislative deficiency that must be avoided by the legislator through legislative interference and granting the Misdemeanor Court the power to intervene in the discriminatory cases referred by the Court of Inquiry, which is dealt with and presented in the content of our search according to the vocabulary in the research plan pres .