The Criminal Liability of Judges for Their Intentional Errors (A Comparative Study)

Abstract

The idea of examining is based on the effect of a judge's criminal liability for his procedural errors, which is an exception to the origin which establishes special immunity for judges and the irresponsibility of their actions, human judges have always made mistakes in the course of their work, work and decisions in certain cases by holding them accountable because the judge is a human being exposed to misunderstandings, errors, negligence or favours an adversary, taking into account that the procedures for questioning a judge are punishable by legal guarantees aimed at protecting the judge from malicious prosecution or other practices that affect the prestige and independence of the judiciary. In order to demonstrate the extent to which the judge may have partial responsibility for the procedural error in Iraqi legislation, the subject was divided into three investigations, which dealt with the basis for the judge's criminal liability for his procedural errors and justifications, and to indicate cases of criminal liability of the judge. In addition to the procedural origins of the magistrates' procedure, this study concluded with a series of conclusions and proposals, the most important of which was to call on the Iraqi legislature to include legal texts criminalizing and punishing the judge when committing procedural errors. The nature of this topic necessitates its division into two sections. The first section will be dedicated to examining the theoretical framework of a judge's criminal liability for intentional errors. It will comprise two subsections: the first will define intentional error as the basis for a judge's criminal liability, and the second will clarify the foundation of a judge's criminal liability. The second section will explore the scope of a judge's criminal liability for intentional errors, and will be divided into two subsections: the first will address a judge's liability for procedural errors, and the second will address a judge's liability for substantive errors. Finally, this study will conclude with a summary of its most important findings and recommendations.