Requirements of Procedural Invalidity in Police Procedures

Abstract

The concept of procedural justice is a fundamental objective of the procedural system. The drafters of procedural legislation touched upon this reality and required respect for the obligations arising from the procedural relationship. Because among the basic pillars of its framework is the protection of human rights and basic freedoms, it is a tool for balancing these rights from a realistic standpoint. Several standards have been set to guarantee and preserve those rights, and the idea of justice within the framework of the criminal system does not deviate from what was mentioned above. What concerns us in this framework, the powers assigned to police personnel, raise many problems in terms of scope, restrictions, and scope, and its impact on personal rights and freedoms. From this direction, we tried to capture this idea by explaining the shortcomings that marred the procedural texts within the framework of Iraqi procedural legislation, while explaining the position of some Arab legislation in this regard. Subsequently, this study revealed several results and explained the requirements of procedural reform and the most important pillars on which it is supposed to be based.