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Interception of Criminal Prescription

A Comparative Study

Authors

  • Duraid waleed Nazal University of Baghdad - College of Law

DOI:

https://doi.org/10.35246/jols.v37i2.566

Keywords:

Interception, Prescription Start, Interruption, Criminal Case, Penalty, Crime, Validity, Stop

Abstract

Criminal prescription is a legal idea that we find its applications in most laws, It means that a period of time has passed since the occurrence of the crime, which is called the prescription of the criminal case or the crime, or the lapse of a period of time since the issuance of a final judgment in the criminal case, and it is called the prescription of the penalty, the lapse of the prescribed period will result in the expiry of the criminal case in the first case, and the lapse of the penalty imposed in the second case. This system has been found since ancient times in the legislation of countries with their various legal and political systems because of its practical considerations, the most important of which is achieving legal stability that all legal systems aspire to. However, the Iraqi criminal legislation did not take this system as a general principle or rule and was limited to some applications in the special penal laws. However, it did not build the provisions related to the Interception of Criminal Prescription such as suspension and interruption and the consequences thereof represented in the lapse of the past period and the start of its calculation again - interruption -, Or it just results in the suspension of the period until its demise- suspension of the criminal prescription-.

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References

First: General and legal books

i. Dr. Ibrahim Hamed Tantawi, 1996, Penal Prescription and its Effect on Ending the Case and Falling the Punishment, Dar Al-Nahda Al-Arabiya, Cairo.

ii. Dr. Ahmed Fathi Sorour, 1996, Mediator in the Criminal Procedure Law, Dar Al-Nahda Al-Arabiya.

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vii. Dr. Hassan Sadiq Al-Marsafawi, 1972, The Origins of Criminal Procedures, Maarif facility in Alexandria.

viii. Dr. Khaled Abdel Hamid Farraj, 1967, Comparative Studies between Islamic Sharia and Criminal Law - Legitimacy of Crimes and Punishments -, 1st Edition, Dar Al Maaref, Cairo.

ix. Dr.. Ramses Bahnam, 1971, The General Theory of Criminal Law, Alexandria Knowledge Foundation.

x. Zain al-Din Abu Abdullah Muhammad ibn Abi Bakr ibn Abd al-Qadir al-Hanafi al-Razi, Mukhtar al-Sahah, investigation: Youssef al-Sheikh Muhammad, 1999, 5th edition, Al-Mataba al-Asriya, Beirut.

xi. Dr. Sami Al-Nasrawi, 1976, A Study of Criminal Procedures, Part 1, Dar Al-Salaam Press, Baghdad.

xii. Dr. Saeed Hasaballah, 1990, Explanation of the Criminal Procedure Law, Dar Al-Hikma for Printing and Publishing, Mosul.

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xv. Dr. Suleiman Abdel Moneim, 2003, An in-depth study of the Penal Law, The New Road, Beirut.

xvi. Dr. Abdel-Tawab Moawad Al-Shorbagy, 1998, The Basis of Obsolescence - A Comparative Study, Dar Al-Nahda Al-Arabiya, Cairo.

xvii. Dr. Abdel-Fattah Mustafa Al-Saifi, 1974, The General Theory of the Criminal Procedural Rule, Beirut Arab University.

xviii. Dr. Abdel-Fattah Mustafa Al-Saifi, 1971, The State’s Right to Punishment - Its Origin, Requirement, and Expiration - Beirut Arab University.

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xxi. Dr. Ali Kahlout, 2010, Commentary on the Law of Criminal Procedure, Publications of the Al-Atrash Complex for Specialized Books, Tunis.

xxii. Dr. Fakhri Abd al-Razzaq Salbi al-Hadithi, 2016, Explanation of the Law of Criminal Procedure, 1st Edition, Dar al-Sanhouri, Baghdad.

xxiii. Dr. Fakhri Abd al-Razzaq Salbi al-Hadithi, 2017, Explanation of the Penal Law, General Section, Dar al-Sanhouri, Baghdad.

xxiv. Dr. Fawzia Abdel Sattar, 1986, Explanation of the Criminal Procedure Law, Dar Al-Nahda Al-Arabiya, Cairo.

xxv. Dr. Mamoun Muhammad Salama, 2000, Criminal Procedures in Egyptian Legislation, Dar Al-Nahda Al-Arabiya, Cairo.

xxvi. Dr. Maher Abd Shawish Al-Durra, 1990, General Provisions in the Penal Law, Press of the Ministry of Higher Education and Scientific Research.

xxvii. Dr. Mahmoud Mahmoud Mustafa, 1957, Explanation of the Criminal Procedure Law, 5th edition, Cairo University Press.

xxviii. Jundi Abd al-Malik, 1941, The Criminal Encyclopedia, Part 4.

xxix. Dr. Mahmoud Najib Hosni, 1998, Explanation of the Law of Criminal Procedure, 3rd Edition, Dar Al-Nahda Al-Arabiya, Cairo.

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Second: Research and University These

i. Haider Ghazi Faisal Al-Rubaie, 2012, Guarantees of the Accused in the Stage of Arrest - A Comparative Study, Research published in the Journal of Law, College of Law, Al-Mustansiriya University, Volume 4, Issue 16-17.

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iv. Sabah Misbah Al-Sulaiman, 1998, Theory of Jurisdiction in Criminal Procedure Law - A Comparative Study, Master's Thesis submitted to the College of Law - University of Mosul.

v. Abdel Karim Brahmi, 2014, Theory of Prescription and its Applications in Criminal Legislation - A Comparative Study between Islamic Jurisprudence and Algerian Penal Legislation, Master Thesis, Faculty of Humanities and Social Sciences, El Wadi University.

vi. Dr. Ali Hamza Assal, 2015, Elementary Investigation, research published in the Journal of Human Sciences issued by the College of Education - Safi al-Din al-Hilli, University of Babylon, Volume 1, Number 22.

vii. Dr. Karim Salman Aswad Al-Tamimi, 2015, The Concept of Prescription in the Iraqi Juvenile Welfare Law, research published in the Journal of Law for Legal Studies and Research, College of Law, University of Dhi Qar, No. 11.

viii. Muhammad bin Khalid bin Muhammad Al-Nuzha, 2003, The Prescription of Criminal Cases in the Saudi System in the Light of Islamic Jurisprudence and Positive Law, Master’s Thesis, Naif Arab University for Security Sciences, Riyadh.

ix. Muhammad Awad Al-Ahwal, 1964, Expiry of the Power of Punishment by Prescription, PhD thesis, Faculty of Law, Cairo University.

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Third: Legislation

i. Lebanese Penal Law No. 340 of 1943 as amended.

ii. Syrian Penal Law No. 148 of 1949.

iii. Syrian Law of Criminal Procedure No. 112 of 1950.

iv. Egyptian Law of Criminal Procedure No. 150 of 1950.

v. The French Law of Criminal Procedure of 1958.

vi. Kuwaiti Penal Law No. 16 of 1960.

vii. Kuwaiti Criminal Procedures and Trials Law No. 17 of 1960.

viii. Jordanian Penal Law No. 16 of 1960.

ix. Jordanian Law of Criminal Procedure No. 9 of 1961.

x. Tunisian Law of Criminal Procedure No. 23 of 1968, as amended.

xi. Iraqi Publications Law No. 206 of 1968.

xii. Iraqi Penal Law No. 111 of 1969.

xiii. Iraqi Criminal Procedure Law No. 23 of 1971.

xiv. Iraqi Juvenile Care Law No. 76 of 1983.

xv. Iraqi Customs Law No. 23 of 1984.

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Published

2022-12-24

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How to Cite

Nazal, Duraid. 2022. “Interception of Criminal Prescription : A Comparative Study”. Journal of Legal Sciences 37 (2): 639-739. https://jols.uobaghdad.edu.iq/index.php/jols/article/view/566.

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