المحاكمة السريعة للمتهم ( دراسة مقارنة )

المحاكمة السريعة للمتهم ( دراسة مقارنة )

م. ليث كاظم عبودي

كلية القانون / جامعة ميسان

Abstract :

There is no doubt that slow justice is the most severe form of injustice. Therefore, the legislator has sought in most of the modern legislations to achieve speedy settlement of criminal cases in a way that preserves the rights of the accused. Hence, adjudication of a criminal case through a speedy trial of the accused has become one of the basic rights of the accused because of its great importance in protecting the rights and freedoms of individuals and achieving justice for both the accused and the victim .

The reason for the foregoing is due to the high rate of lawsuits witnessed by the judiciary, and the accompanying delay in these lawsuits, and the establishment of the principle of justice by adjudicating the lawsuits before the judiciary within a reasonable period, and the importance of ensuring the rights of the accused, the victim, and everyone involved in the criminal lawsuit that is the subject of the dispute. Accordingly, the constitutional and criminal legislation seeks to consolidate it by instilling confidence in the justice of the judiciary or legislation by protecting the rights of individuals through criminal proceedings .

In this study, the right of the accused to a speedy trial was analyzed in two sections. The first is what is the right of the accused to a speedy trial, and we talked about the emergence of the right to a speedy trial in terms of historical origin and justifications for the right to a speedy trial, as well as the definition of the accused and the trial and its importance. In the second topic, the subjectivity of the right to a speedy trial was examined. We talked about the characteristics of a speedy trial, through the fact that the right to a speedy trial is of a special nature, as well as the speedy trial and public order, as well as the distinction between a speedy trial and others similar to it, such as a hasty trial or hasty trial, and finally the right of the accused to fast and fair tria.