الإعتراف المـــــــؤول (دراســــــــة مقــارنـــــــــــة)

Responsible confession (comparative study)

ABSTRACT
Abstract The accused, as a criminally responsible person, has the ability to speak the words issued by him and who tells him about his committed crime. He may utter words and sentences that carry two meanings, one of which is the real and intended meaning, but the phenomenon of his saying does not indicate that. The real meaning and this method is the interpretation, since according to it the judge can determine the true will of the accused, the confessor, and the judge when he says the confession of the accused may be correct when the conditions are met, and it may be invalid when some of his conditions or some of them are not met, provided that the correct interpretation of the accused’s confession is gradual. From the close to the medium and the distant interpretation based on the degree of clarity of the true meaning contained in the confession of the accused.Also,this interpreted professionalism is subjective to him or is considered a legal act in the narrow sense and has its distinguishing characteristics. It is an act of diligence that responds to words and sentences to weight between their meanings and relates to the truth as it is distinguished from Other legal concepts similar to it by explicit recognition, fragmentation of recognition and interpretation of the legal text. And this interpreted confession must be valid from the availability of conditions, including those related to the validity of the confession itself, and others related to the validity of the interpretation. The word or sentence must be open to interpretation and bear the meaning it was given, and that the interpretation must be consistent with the situation of language and usage, and be available in the judge. The criminal has conditions that enable him to carry out interpretation, which is the discretionary faculty, and his knowledge of the sciences of himself are related to interpretation, such as the science of the principles of jurisprudence, the Arabic language, logic, and semantic perception. In order to reach the truth desired by the accused’s confession, he takes into account several considerations that have an impact on making the interpretive process correct and realistic. These considerations are the verbal story of the accused, the verbal custom, and the context in which the words and sentences are contained within the framework of the criminal case, as well as the law. Confession in general involves the news of his crime by the accused, and therefore the confession that is interpreted must respond to one of the two pillars of the crime, and this pillar is the moral pillar in it, specifically the component of knowledge inThis pillar, which represents an objective focus ofstrengthening, and that the words and phrases, whether they bear two meanings, represent a subject of formality. This interpretation, which should be said to have the possibility of these meanings, according to a criterion that combines the personal criterion, the objective criterion. It has a role in making the confession productive in the criminal case, and the court in everything it does in the matter of interpretation is restricted by observing formal and temporal restrictions so that the deferred confession comes true or acceptable. What is meant by it, while it has the power to transform sentences and ambiguous phrases and denotes more than one meaning, as well as what was clear from them, but does not understand the meaning intended by them and their receipt in a context from which it is difficult to understand their meaning. And the evidence of interpreted confession, as one of the evidence of the criminal case, must meet the conditions for the validity of the criminal evidence, the court must be convinced of it and submit to the discretionary authority of the court. Judicial oversight must be established for him in order for the penal judgments issued based on the responsible confession to be legally valid.Ministry of Higher Education and Scientific Research University of Karbala College of Law – Graduate Studies General Branch Responsible Recognition A comparative study A dissertation submitted by the student Ahmed Abdel-Zahra Hassan Mahdi to the Council of the College of Law / University of Karbala, which is part of the requirements for obtaining a doctorate degree in the philosophy of public law under the supervision of Dr. Dia Abdullah Aboud Al Jaber Al Asadi Professor of Criminal Law 2021 AD