The effect of compelling excuses on the penal procedures
A compulsive excuse is an objective incident that befalls one of the parties to the procedural bond. Thus, preventing from exercising the procedural rights and performing these duties there are varied compulsive excuses, in which there is no way to limit them. The support for it is subject to the di...
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| Format: | Article |
| Language: | Arabic |
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University of Mosul College of Law
2023-12-01
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| Series: | الرافدین للحقوق |
| Subjects: | |
| Online Access: | https://alaw.mosuljournals.com/article_181145_41ce32f36c8019a59b6fa7066fc93785.pdf |
| Summary: | A compulsive excuse is an objective incident that befalls one of the parties to the procedural bond. Thus, preventing from exercising the procedural rights and performing these duties there are varied compulsive excuses, in which there is no way to limit them. The support for it is subject to the discretion of the competent court. The role of the Federal Court of Cassation is limited to monitoring the reasons for which the trial court refused to rely on the excuse cited, or on the evidence presented in support of it. These reasons are subject to the supervision of the Federal Court of Cassation within a specific scope and to a known extent. The effects of a compulsive excuse are many and varied. Moreover , with the multiplicity and diversity of the procedure that the compulsive excuse prevent from using it or carrying it out, just as relying on the compulsive excuse and determining its effect depends on the will of the legislator, so there is no excuse without a text. |
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| ISSN: | 1819-1746 2664-2778 |