Principle of Presumption of Innocence in the Code of Criminal Procedure: A Comparative Study between Iraqi and Iranian Law

Abstract

This research examines the principle of presumption of innocence as one of the fundamental pillars of criminal justice, through a comparative analysis of the Iraqi Code of Criminal Procedure No. 23 of 1971 and the Iranian Code of Criminal Procedure enacted in 2013. The study focuses on both the theoretical and practical dimensions of the principle, including the notion of the accused, the legal content of the presumption of innocence, and the philosophical, religious, and legal foundations upon which it rests. It also addresses the procedural safeguards that guarantee the protection of this principle throughout the stages of criminal proceedings, starting from the moment of suspicion and preliminary investigation, through the trial process, and until the issuance of a final judgment, while highlighting the main legal circumstances in which it may be undermined or violated in practice. The findings indicate that both Iraqi and Iranian legislators have explicitly enshrined the presumption of innocence, yet with varying degrees of procedural detail and protective mechanisms. Iranian law demonstrates a stronger inclination toward broader protection of the accused, imposing strict limitations on the powers of judicial officers and public prosecutors. By contrast, Iraqi law provides more general provisions, leaving much of their interpretation and application to judicial discretion. The research also highlights the challenges posed by contemporary forms of criminality, such as cybercrime and transnational terrorism, which threaten the effectiveness of the presumption of innocence unless adequately addressed by modern legislation aligned with international standards. Moreover, the study discusses the human rights and political dimensions of the principle, emphasizing its essential role in preserving human dignity and ensuring that no individual is treated as guilty before a final and binding judicial decision. The study concludes by recommending the strengthening of practical guarantees to protect the presumption of innocence, the development of effective oversight and judicial mechanisms to secure its enforcement, and the creation of a balanced approach that reconciles the requirements of criminal security with the protection of fundamental human rights, thereby achieving justice while safeguarding individual freedoms.