Limitations on the Supreme Court's
Review of Legal Errors a Study within the Scope of Criminal Litigation
DOI:
https://doi.org/10.35246/6q0szm06Keywords:
The Limitation of Legal Control, Status, Interest, the Appellant Shall Not Be Harmed, New Acceptable ReasonsAbstract
The oversight exercised by the Court of Cassation over the trial judge includes the review of both the legal and factual assessments made by the judge. In both types of assessments, the Court of Cassation's control is not absolute. While the general rule is that the Court of Cassation does not intervene in the factual assessment, except in exceptional circumstances, it can be stated that the general rule is for the Court to exercise control over legal assessments, with exceptions where this control is not applied. The situations in which the Court does not exercise control over legal assessments can be referred to as the limitations or constraints on the legal oversight carried out by the Court of Cassation.
To address an error in law, it is necessary for the appellant to meet the requirements of standing and interest in the case. If either of these criteria is absent, the case cannot be considered, even if there is a legal error. Furthermore, the Court of Cassation must ensure not to harm the appellant when the appeal is filed by the appellant alone, without a counter-appeal. The Court cannot worsen the appellant's position after they sought to improve it by filing the appeal. The Court is also bound by the grounds of the appeal, and new grounds raised for the first time in the appeal, which were not presented before the trial court, are not admissible.
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References
A: Books
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B: Theses and Dissertations
I. Abu Bakr Awad Mohammed, The Public Prosecution and Its Powers in Criminal Cases, PhD Dissertation, Faculty of Law, University of Baghdad, 1999.
II. Jamal Ibrahim Al-Haidari, Correction of Criminal Judgments, PhD Dissertation, Faculty of Law, University of Baghdad, 1997.
III. Abdel-Monem Al-Sharqawi, The Theory of Interest in Lawsuits, PhD Dissertation, Faculty of Law, Cairo University, 1947.
IV. Ezzat Mohammed Saleh, The Theory of Appeal in Criminal Judgments, PhD Dissertation, Faculty of Law, Mansoura University, 1996.
V. Karim Khamees Khusbak Al-Badiri, The Right to Litigation in Criminal Cases, PhD Dissertation, Faculty of Law, University of Baghdad, 2008.
VI. Mohammed Abbas Mahmoud Hamoudi Al-Zubaidi, The Theory of Interest in Criminal Appeals, PhD Dissertation, Faculty of Law, University of Mosul, 2006.
VII. Mohammed Ali Mahmoud Al-Keek, Court of Cassation's Oversight on Criminal Judgment Justifications, PhD Dissertation, Faculty of Law, Alexandria University, 1987.
C: Research Papers and Articles
I. Ahmed Jaber Saleh, The Rule of "No Harm to the Appellant Due to Their Own Appeal", College of Law Journal for Legal and Political Sciences, University of Warith Al-Anbiya, Vol. 11, Issue 43, 2022.
II. Baraa Munther Kamal Abdul-Latif, The Role of the Public Prosecutor in Trials, Tikrit University Journal of Law, 3rd year, Issue 2, Vol. 3, Part 1, 2018.
III. Hussein Abdul-Sahib, Provisions of Discretionary Intervention in Criminal Cases, Comparative Law Journal, Issue 52, 2008.
IV. Hussein Abdul-Sahib, The Role of the Public Prosecution in Criminal Proceedings under Law No. 49 of 2017, Faculty of Law Journal, Al-Nahrain University, Issue 2, Vol. 20, 2018.
V. Raouf Obeid, Interest in Criminal Cassation, Lawyers Journal, Year 40, Issue 2, Cairo, 1959–1960.
VI. Various authors, Legal Classification Authority of the Federal Court of Cassation, Legal Sciences Journal, Faculty of Law, University of Baghdad, Vol. 36, Dec. 2021.
D: Legislations
I. Egyptian Criminal Procedure Law No. 150 of 1950.
II. French Criminal Procedure Law No. 58-1296 of 1958.
III. Iraqi Penal Code No. 111 of 1969.
IV. Iraqi Criminal Procedure Code No. 23 of 1971
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