القرينة القضائية بين سلطة القاضي الجنائي ورقابة محكمة التمييز

Abstract

Judicial presumption represents an important tool of indirect proof in criminal cases. The criminal judge relies on evidence to extract unproven facts from factual evidence or evidence, which gives him broad discretionary authority to make decisions based on personal diligence. However, this discretion can be problematic, especially if it is not based on clear objective criteria, opening the door to the possibility of errors or arbitrariness in judgments. Therefore, the role of the Iraqi Court of Cassation is essential in reviewing evidence-based rulings to ensure that they are consistent with the law and principles of justice. The study focused on understanding the relationship between the freedom of the criminal judge to use judicial evidence and the role of the Court of Cassation as a supervisory body. The relevant Iraqi legal texts were analyzed, and judicial applications were reviewed while providing limited comparisons with other legal systems to analyze the differences and similarities.