Evaluating the role of the police in protecting the victim: between Iraqi law and Imami jurisprudence

Abstract

This research aims to clarify the legal status of the victim, analyze the role of the police in protecting them during the investigation, prosecution, and trial phases, and reveal the adequacy of Iraqi legal frameworks in providing the necessary guarantees for safeguarding their rights. It also seeks to outline the principles established by Imami jurisprudence regarding achieving justice, redressing harm, and protecting the victim. The research's significance stems from its connection to a contemporary topic in criminal policy: the effectiveness of justice is no longer measured solely by the criminal justice system's ability to apprehend and punish offenders, but also by its success in protecting victims and ensuring their legal and human rights. Furthermore, the study gains importance through a comparison between Iraqi law and Imami jurisprudence to identify points of agreement and disagreement and to leverage jurisprudential principles for developing legal and procedural protection for victims. This research adopted a descriptive-analytical approach, examining Iraqi legal texts regulating police work and victim protection, and analyzing relevant Imami jurisprudential principles concerning victims' rights. It also employed a comparative approach to highlight the differences between the two systems. The research reached several conclusions, most notably that while Iraqi law provides a legal foundation for victim protection, its practical application still faces challenges, including weak implementation mechanisms, inadequate specialized training for police officers, and slow criminal procedures, all of which impact the effectiveness of victim protection. The research also demonstrated that Imami jurisprudence is based on firmly established principles that emphasize the preservation of human rights, the achievement of justice, compensation for victims, and the prevention of rights violations. These principles can be utilized to strengthen the Iraqi criminal justice system. Furthermore, the study emphasized that enhancing the police's role in victim protection requires developing existing legislation and improving the efficiency of security personnel through specialized training programs that adhere to international human rights standards. The study recommends drawing upon the principles established by Imami jurisprudence regarding redress and the preservation of victim dignity to contribute to building a more just and effective criminal justice system.