خطأُ القاضي وأحكامه في العقوباتِ الجنائية دراسة مقارنة بين الشريعة الاسلامية والقانون

احمد عباس عبد الحسين    خطأُ القاضي وأحكامه في العقوباتِ الجنائية دراسة مقارنة بين     الشريعة الاسلامية والقانون   الماجـسـتـيرفي الشريعة والعلوم الاسلامية

Summary

Praise be to Allah, the Lord of the Worlds, who has extended His grace to me and who is to complete this research, and prayers and peace be upon the master of creation Muhammad and his pure body of medicine

The judiciary is the basis and the cornerstone of any state that seeks to establish justice in the country. The basis of the judiciary in the administration of justice is the judge, and because it is a non-infallible human being, the possibility of mistakes in its ruling is mentioned. The establishment of a number of conditions that must be provided in the judge, which can reduce the mistakes that can be made by the judge, And the addition of a number of literatures, rights and duties that would significantly reduce the mistakes made in the event that the judge committed to implement them, but with what the judge of things that reduce errors, the error in the ruling has occurred from many judges, and this fall sometimes happens from Before the judge in a manner of omission was not deliberate, and at other times beIs intentionally committed by the judge for a number of reasons, including what is caused by bribery, including what is caused by the charges, including what is caused by injustice and other reasons that lead to falling into error, so the Islamic law and the law have made judgments of mistake in ruling and the cause of error , And one of these provisions is to overturn the judgment if it is possible and replace it by another valid ruling. Secondly, the judge has been removed in some of the mistakes that are issued by him intentionally. Thirdly, the guarantee is guaranteed, whether it is money or death or death for the person who caused the mistake. At other times the guarantee falls on the state and at other times falls To ensure that witnesses and anointed.