The effects of supporting evidence in the criminal case under Iraqi law

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

The subject of supporting evidence in the criminal case is one of the most important topics in the field of criminal evidence in accordance with the principle of emotional conviction because the criminal judge is free to form his emotional conviction from any evidence he wants without being restricted to specific evidence exclusively, as it was the case in the pre-French Revolution times and without being strongly bound by his proof of evidence, but that the door of proof is wide open to him to take any evidence that reassures his conscience and puts forward any evidence that touches on doubt. When the criminal judge appreciates the evidence, weighs it, dives into its interior, and clarifies the facts  Through his innate conscience not acquired, which is called the stage of the formation of conviction, so his judgment and this case leads to the conviction of everyone for his consistency with the innate conscience and his agreement with reason and logic, it is thus out of the framework of personal conviction called emotional conviction to distinguish him, and in order to obtain conviction based on the just judgment must rely on supporting evidence so the jurisprudence and the judiciary mentioned controls governing the process of support represent the foundations and pillars of it. Mohamed Marwan, Means of Evidence in Criminal Matters and the Method of Collecting Them, Diwan of Publications for Publishing, Algeria, 2020, p. 57.

Keywords