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STUDY AND ANALYSIS OF CRIMINAL LAW AND STAGES OF DEVELOPMENT OF CRIMINAL EVIDENCE AS A MODEL

Jyan Bahil Jadaan, Qayssar Abbas Hasan

Abstract


Evidence in criminal cases consists of demonstrating the existence of a fact which must be attributable to the perpetrator, which reveals his state of mind (intention and sometimes recklessness or negligence) and the manner of participation in the offense (action , coaction, complicity). In principle, the law is not proven: a presumption of knowledge of the law applies that it is difficult to fight (error on the law). The content of the foreign law used to define the prerequisite for certain offenses is at best a factual element that must be proved by the person invoking it. The hypothesis is marginal and reinforces the idea that the object of criminal evidence lies exclusively in the facts widely heard. However, the proof of the fact in question (understood as both an action and an abstention, possibly producing a result) lies primarily with the public prosecutor, since he is the plaintiff in the public action, which is the main action in the context of In this aspect, therefore, the actori incumbit probatio rule is not deviated from (the proof lies with the plaintiff), which has the advantage of logic and dominates the whole procedural law.


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