Journal of Legal Sciences

The Standards on Speedy Trial and Timely Resolution of Criminal Cases have some main purposes such as effectuate the right of the accused to a speedy trial, to further the interests of the public, including victims and witnesses, in the fair, accurate, and timely resolution of criminal cases; and to ensure the effective utilization of resources. Despite the importance of these principals, the Penal Legislator needs to recognize such principals in order to avoid the problem of prolonging the criminal proceedings. This study highlights the issue of delaying in criminal trials, and prolong the criminal proceedings, and to speed the Criminal Procedure, and how to avoid the problem and the dilemma around the lack of speeding of Criminal Procedure. The study also clarifies the responsibility in who when there is a delay, and whether the legislator can speed the criminal trial within an acceptable period of time? And what are the most prominent solutions for it?

Undue influence is considered as a vitiating factor or defect in English law. It is a dominating influence, with which the ascending party enjoys, and which enables him to exert an illegitimate pressure on the unduly influenced weaker party, in order to induce, or force him, to conclude a contract and enter into a transaction, against his will. It is also worth-bearing in mind that the doctrine of undue influence is an equitable one, originating from the rules of equity, applied by English courts of equity, and by which these courts set aside unconscionable bargains, in which one party is in a position to exploit the weakness of the other. It is also worth-mentioning that this doctrine has been included in the English common law. Whereas the Iraqi Civil Law No. 40 of 1951 has enacted and organized the ascendency or the moral influence.

The study attempts to focus on the organized agreements of medical liability, after frequent use experience of these agreements, which come often either exempt civil liability or limit, which making the Researcher to submit the study to the light of the laws of the UAE and the law of English, to be collected in the final recommendations to guide the Legislature of UAE according to the Law of Medical Responsibility 2016.

The search consist of two main themes, dealt in the first section with the application of the terms of the exemption or limitation of responsibility in the general rules, and comparing with the agreements of Medical Responsibility, the second section focused on items that emphasize Medical Responsibility, because it involves the study of approach between the rules of the exemption or limitation of Medical Responsibility and conditions of Compliance Contracts.

The Researcher end to a number of conclusions and recommendations, in a doctrinal try, purposed to shed light on an important legal aspect, in the framework of the relationship between the Patient and the Doctor.

The children are suffering from many kinds of tragedy acts such as killing and torture which arise from civil wars never be seen along the human history since decades.

We still see millions of children suffering specially in the Arab world, Iraq, Syria, Libya, and Yemen. This study deals with kinds of protections which comes by international treaties and practiced by international organizations which helps in the protection through the military conflicts, and we compare this right in the Islamic shree, and how the states are comply with this right and how can they protect the children practically.

At last we reach the conclusion and finally the recommendations.

Marital relation has a great effect on man’s life in general, because it is the legal frame for establishing a rightful legal family, This relation also has its great effect and importance in laws in general and the Criminal Law in particular (substantive and procedural). As for the scope of the sustentative rules (under study); it deals with the rules which organize incrimination and penalty in which the state organizes the right of penalty and put forth the boundaries between what is prohibited and what is permissible and codify the appropriate penalty specified by the law in case of breach.

The study we examines, in two sections, with the effect of the marital relation from the substantive perspective of The Iraqi Panel Law with the two sections of the criminal foundation, (incrimination and penalty). The first talks about the effect of the marital relation on incrimination and permission through a number of actions which marital relations plays a role in incrimination or permissibility such as adultery, making an Invalid marriage contract and husbands’ abuse of wife, using his right of discipline as a reason of permissibility reasons. In the second section we talk about the effect of this relation on the incrimination field through a number of crimes in which the marital relation makes an effect in increase, decrease or exemption of the punishment whether it is concerned with the public interest or the personal interest.

The researcher reached at the following findings:

The marital relation has a great effect on considering a person adulterer, because the adulterer is not considered so in the point of view of law if the sexual relation is done by a man and a woman who are not married, so the marital relation here is the criterion for the conduct to be incriminated as adultery not.
The marital relation has a great effect on penalty through considering the crime as aggravating factor, a legal excuse to reduce the punishment or a barrier in executing the penalty such as the crime of incitement to adultery and immorality (Article 9 of Criminal law), reduction of penalty in crimes concerning the national security of the state (Article 183 Criminal law) and a homicide committed by a husband caught his wife red handed with adultery. An example of the marital relation which is exempted from penalty are those connected with crimes concerning the external security of the state (Article 183).

The most important right parliamentary system features it is based on three key elements must be met in order for this system is characterized by Balbrlmana, and these features lie in cooperation and balance between the executive and legislative branches also lies in the equality between the two branches, and this can not be achieved unless there is a mutual understanding between them, and this understanding can only be achieved if all possessed the power of the media and the influence of pressure is what makes other power stands at a certain point

Therefore constitutional rules came in this system to decide the legislative authority of certain rights exercised in the face of the executive branch and check use effective on its work and behavior control, and in an interview these rights the Constitution puts at the disposal of the executive power and the means that can by which affect not only the work of the legislature, but in the presence He also realized that the balance between the branches

Nevertheless, some constitutions have embraced solutions bucked the implications part of these rules, while made it difficult for the ministry to resort to dissolve the council when his inability to discharge of the duties, because of the suspension of this solution on the approval of the Council itself, the time which makes it easier for the council that topples the ministry. Has been featured prominently in the approach taken by the Constitution of the Republic of Iraq for the year 2005, when it actually disrupted the ministry the authority to dissolve the House of Representatives in what was dubbed the hands of the Council to dismiss the ministry and this approach is contrary to sound legal assets also represents a breach Pena conditions of oversight and accountability, and a deviation from the fixed to the parliamentary system Qaeda.

Each person has his own place in society but he may loss his place by commtting deeds reveal by them dishonest behviours that may lessen his respect and trust by society . Mean that time those deeds connted as crime, so, the criminal lawmaker describes them as crimes violate thehonor. Those crimes were mentioned in the penalty law as for exemplification but not specification, which needs more study for that description from the point of view of ability of the results depend on the description . Specially, those crimes may be committed by anyone. Who exposed to disciplinary punishments follows the imposed punishments which assigned by the law of punishments to protect the honesty of the public job.

Sexual abuse of children is a flagrant transgression on human, social, and family values, such values which represent conscience and proper human existence, culprits in such crimes aim to make material gain using children as commodity, to be bought and sold, and subject to supply and demand, and their prices increases and decrease accordingly, this crime Is an aggression towards public interest, for what in contains of damage to fundamental tenets of a sound society, it affects human dignity for the most fragile in society.

The phenomenon of sexual abuse of children is a closed and concerning one, therefore the importance of research on it lies in the fact that it is a serious attempt to highlight a topic that have remained far from legal research, because of difficulty and secrecy In it treatment, research aims to reach and real understanding of the dimensions of this phenomenon helping to address it as a legal and social problem, in addition to lifting barriers in front of official, social, educational, and press institutions to help raise public awareness in society and among children to protect and immunize them from this crime.

The object of this research is to direct the criminal legislator in the necessity to provide criminal protection of childhood rights in line with constitutional and international standards, in addition to redirecting social, educational, cultural, public, and psychological policy to combating the phenomenon of sexual abuse of children, research also aims to measure effectiveness of criminal policy in reducing this phenomenon in comparison to social policy, research aims to create a framework for sexual abuse of children through modern information technology, whether through assessing appropriateness and applicability of active criminal texts, or regarding criminal liability of providers of facilitating (intermediate) services when crimes are committed through modern information technology.

The object of conformity of the goods to the contract has always played a central role in both national and international sales transactions as it goes to very essence of the contractual relationship. The seller must deliver goods which are of the quantity, quality, and description required by the contract. Only once the goods have been delivered, the buyer has a duty to inspect the goods and eventually notify the seller whenever the product received breaches the conformity requirements set by Article /35 of CISG 1980. But the buyer losses the right to rely on the lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.

This research is an important topic criterion to distinguish between the Treaty and the Convention, Which is divided into the following;

First topic; The nature of the treaty, Where we dealt with the definition of the treaty, and we explained the conditions of the formal and objective, and we focused on explaining the provisions of the incomplete ratification and its legal effects, and we walked to the handle of the world champions not to under- ratification of the treaty.

The second topic; publicize the Convention, and explained in this section the concept of ratification is conditional upon during the treaty negotiations stage, we have reached an important result is that ratification is conditional upon during the negotiation explicitly or implicitly is proof that the negotiators path heading to an agreement is not a treaty, then we have identified how to distinguish between the Treaty and Convention ,and we determined that the standard distinction between the two is a corner of ratification, the international Agreement is ratified agreement is not a treaty.