الاعتراف المعيب وأثره في الحكم

Abstract

The confession of the accused who is accused of committing a crime before the investigative authorities, represented by the investigator at the police station when recording the accused’s statements, and ending with recording his statements before the competent judge, addresses the accused. The accused may be exposed by the investigator at the police station when recording his statements to begin with the use of violence or cruelty. Either because of the investigator’s poor performance in extracting recognition through the legal methods prescribed by the Iraqi legislator, or for other purposes such By obtaining a material or moral benefit, and this act committed by the investigator was dealt with by the Iraqi legislator in Articles (332) and (333) of the Iraqi Penal Code No. 111 of 1969, as amended. This confession is called defective confession by legal and judicial jurisprudence.

A flawed confession may be flawed both objectively and formally when the accused’s statements are recorded without the presence of a member of the public prosecution or the original lawyer or the lawyer appointed by the court. Their presence gives the confession a legal and formal character so that the accused’s statements are recorded without there being pressure or coercion. The confession that is recorded before the investigating judge is more reliable when searching for evidence of the crime, and this is what the Code of Criminal Procedure stipulates in Articles (218) and (219).

The confession extracted from the accused by coercion, both physical and moral, or the confession that was made without adopting the legal formula, has no effect on proof before the trial court (felonies, misdemeanors, or juveniles).