The effect of the delay in the publication of the criminal laws on the ongoing trials

Abstract

Any criminal act is subject to a penal code. Otherwise, there is no crime without a legal code criminalizing the act, under the principle of "no crime or punishment without a law." Sometimes, a criminal act occurs while the penal code is not ready or published, or its publication has been delayed for whatever reason, which may be political, administrative, or routine. Here, if the criminal act was prior to publication, is it subject to the law after its publication, or is it not subject to the law until after its publication? In application of the rule of non-retroactivity of penal laws, this is an embodiment of the principle of justice, and a sound application of the law, and is in line with the constitution. In practical application, there may be differences between the courts, which leads to a lack of unity in judicial rulings. The importance of this research stems from the fact that it addresses one of the basic issues related to the legitimacy of the application of laws. It is the issue of legal publication and its direct effects on the integrity of trials, especially in cases of a criminal nature. Publication represents the essential stage that determines the entry into force of the legal rule, and without it, it cannot be assumed that those addressed are aware of it, which makes its application before publication in violation of the simplest guarantees of justice and the principle of non-retroactivity of criminal laws. The scholarly importance of analyzing the relationship between constitutional texts and the legislative regulation of publishing in Iraq, and comparing this with comparative experiences, is highlighted. This is aimed at proposing practical solutions that ensure that judicial procedures do not conflict with criminal law and guarantee respect for the rights of defense and a fair trial, thus contributing to enhancing credibility and confidence in the judicial system.