COMPARATIVE CRIMINAL JUSTICE

Comparative Criminal Justice System

Comparative Criminal Justice System

Introduction

In order to run a country in an effective and efficient way it is essential that the country must have a sound structure and system of law. Every country has its own system of jurisdiction which differs from the jurisdiction of another country in more than one ways. The aim of this paper also revolves around the same phenomenon of the law. This paper talks about the structure of the criminal justice system of a country. To fulfill the purpose of this assignment, the country that is selected to discuss the criminal justice system is Iraq.

General Factors of the Criminal Justice System of Iraq

This is the fact that the de facto government of Iraq lived only for a very short period but during this period, the Coalition Provisional Authority made an attempt to perform the process of overhauling of the Criminal Justice system of Iraq. During this process of overhauling one worth mentioning fact is the creation of Central Criminal Court of Iraq. This Central Criminal Court of Iraq deals with the nationwide jurisdiction, corruption, terrorism, organized crimes and other serious cases. The court practices Iraqi criminal laws that are substantive just like other courts. Different appeals that are registered directly go to the Court of Cassation. The Codes of Iraqi Criminal procedure are applicable to all the cases that are processed through CCCI from arrest and detention through investigation, trial and punishment (Anthony and Ahmed, 1997).

Discussing the Issues of Due Process

The process of the initial investigation includes all the pre-trial actions taken by the government in response to a discovery or report of a crime. In Iraq, just like United States the beginning of a criminal case takes place when an individual is arrested by police or when there is a charge against an individual. A complaint can be registered or filed by the party who got injured in an incident, or any of the representatives of the injured party or a government official in the system of the judiciary. The Iraqi system melds any private tort cause of action with the public prosecution because crimes are necessarily torts where the state sues on behalf of the victim or on behalf of society at large. Thus, this suggests that a compliant for any criminal activity is not only a claim for criminal justice to take suitable actions but it also imposes the requirement of concomitant civil action as well. There are few situations in which complains must be registered or filled by the victim alone but other individuals such as eyewitnesses can be included in the case to gather information to solve the case. After the registration or filling of a complaint or when a case opens it has life of its own. It cannot be withdrawn nor can the process of judgment be stopped not even in the case of the death of the complainant (Anthony and Adam, 2009).

If we look at the theory, it would be revealed to us that ...