Dergiler / Law and Justice Review / 2015 / Cilt: 0 - Sayı: 9
Irak ve Suçlar Bakımından Uluslararası Adli İşbirliği Konsepti
- Sayfa
- 1–36
- DOI
- —
Özet
The academic study and practical improvement of the Iraqi mechanism for international judicial cooperation in criminal matters is a task of major significance not only for Iraq but for other countries as well, especially its neighbours. The most important forms of this cooperation are: extradition, rogatory commissions/letters rogatory, transfer of prisoners (sentenced persons) and transfer of criminal proceedings. The globalization witnessed today makes these forms necessary for the successful completion of an increasing number of criminal cases: legal proceedings and penal executions. This is why all countries in the world pay particular attention to the four mentioned forms and to international judicial cooperation, in general. The chief subject of any such research is the complex legal framework (international instruments and domestic law) of Iraq for each form of international judicial cooperation. The aim is to identify the basic weaknesses of the Iraqi mechanism of cooperation and propose some improvements given the peculiarities of the aforementioned forms of cooperation. It is taken into consideration that international judicial cooperation is not only a matter of legality; this cooperation is also a matter of opportunity as well. Hence, it is within the discretion of the judicial body in charge of the case (prosecutor or court) to decide whether to resort to any form of international judicial cooperation or to obstain from requesting foreign countries. Since Iraq is a Civil Law country it is expected to adhere to the tradition and principles of this type of law in the development of the legal framework for international judicial cooperation. Otherwise, it would be more difficult to overcome existing shortcomings and to modernize the Iraqi law in the area of this cooperation.
Abstract
The academic study and practical improvement of the Iraqi mechanism for international judicial cooperation in criminal matters is a task of major significance not only for Iraq but for other countries as well, especially its neighbours. The most important forms of this cooperation are: extradition, rogatory commissions/letters rogatory, transfer of prisoners (sentenced persons) and transfer of criminal proceedings. The globalization witnessed today makes these forms necessary for the successful completion of an increasing number of criminal cases: legal proceedings and penal executions. This is why all countries in the world pay particular attention to the four mentioned forms and to international judicial cooperation, in general. The chief subject of any such research is the complex legal framework (international instruments and domestic law) of Iraq for each form of international judicial cooperation. The aim is to identify the basic weaknesses of the Iraqi mechanism of cooperation and propose some improvements given the peculiarities of the aforementioned forms of cooperation. It is taken into consideration that international judicial cooperation is not only a matter of legality; this cooperation is also a matter of opportunity as well. Hence, it is within the discretion of the judicial body in charge of the case (prosecutor or court) to decide whether to resort to any form of international judicial cooperation or to obstain from requesting foreign countries. Since Iraq is a Civil Law country it is expected to adhere to the tradition and principles of this type of law in the development of the legal framework for international judicial cooperation. Otherwise, it would be more difficult to overcome existing shortcomings and to modernize the Iraqi law in the area of this cooperation.