Crimes against personal liberty During the initial investigation

Abstract

The preliminary investigation procedures conducted by the examining magistrate or the interrogators under a multiple and varied inheritance are often subjected to the freedom of the accused, which restricts or impairs the right of the accused to the integrity of his body and since the accused is innocent until proven guilty by a court order. Since freedom is the most important area of ​​the relationship between the State as an authority and the individual as a human being, all humanitarian organizations supporting human rights and constitutions in democratic countries have sought to protect this freedom and these rights to prevent infringements and to criminalize any act against them, especially by investigators during the investigative phase With defendants.

In this paper, we dealt with the crimes of personal liberty, as stated in the Iraqi Penal Code in accordance with Articles 322, 324, 326 and 328, which are the crimes of unlawful arrest, the assault on the inviolability of homes, and the assault on the inviolability of private life.

Where dealt with the pillars of those crimes as stated in the law and cannot be considered as crimes in the event of the failure of any corner of these acts.