Invalidity of the Procedural Action In the Preliminary Investigation Stage

Abstract

The criminal dispute in all its stages aims at reaching the truth and applying the provisions of the amended Iraqi Penalties  Act No. 111 of 1969 . Which  manifest the importance of the theory of invalidity as it deters any violation of the provisions of the Act of Criminal Procedure. Starting from the first procedure of the criminal proceedings and ending with the issuance of a decisive rule upon it or as being invalid. The Supreme State's interest, in this case,  is in conflict by punishing  the accused person , in one hand, and with the interest of not punishing that accused person,  on the other hand,. Hence, the necessity of reconciling between these two interests will be urgent through providing sufficient guarantees stipulated  by the Constitution and the Act of Criminal Procedures concerning the  individual freedoms in order to achieve a fair trial for the accused person.  So that, he can exercise the right of sacred defense and benefit from the legal presumption stated that the origin in the accusation is innocence until guiltiness is proven. In addition, the importance of invalidity is being highlighted when attempting to violate these principles or deliberately ignoring them as a procedural punishment that ends with the demolition of procedural action and the disappearance of its effects. Accordingly,  there will be dangerous consequences of impunity for the accused if his conviction or innocence is based on the false evidence. Therefore, studying the theory of invalidity is of a great importance in the realization of the right and dignity for the accused person who is innocent until proven guilty. Thus, the authority of the state in achieving security and public system will be realized under the guarantees ensured by the Constitution and the law.