Retrial in the Iraqi Code of Criminal Procedure A comparative study with the French law

Abstract

This study examines retrial as a basic tool for improvement, in addition to justice in the Iraqi and French legal systems. The importance of reconsidering the importance of protecting individuals, as it provides an opportunity to review the judiciary, especially when new evidence is discovered or there are errors in the application of the law. The study reviewed the legal rules of retrial in both Iraqi and French law, explaining the similarities and differences between the two systems. Iraqi law specifies several reasons for the first time for the convicted person to request a retrial, such as the emergence of new evidence or evidence of forgery in the evidence. While there is a French business partner, there is someone who sentenced him. The research highlights the role of the judicial authorities in Iraq, as the arbitration court is responsible for the competent retrial requests, while the Court of Cassation is responsible for this matter. It also reviews the legal implications of the issuance of the retrial decision, including the executive suspension of the previous ruling and the evaluation of evidence. It aims to research the development of Iraqi criminal law related to retrial through French law, while providing legal legal assistance to guarantee justice. For this reason, the research on the importance of retrial for cases related to the protection of individual rights.