The role of criminal justice in achieving legal security in rulings on crimes that undermine the course of justice

Authors

  • Researcher Dina Mohammed Ahmed Al-Mustansiriya University / College of Law Author
  • Prof. Dr. Haider Ghazi Faisal Al-Mustansiriya University / College of Law Author

DOI:

https://doi.org/10.64184/ajlps.V2.I3.Y2025.P331-361.133

Keywords:

Criminal Justice; Legal Certainty, Crimes Obstructing the Course of Justice, Publication Prejudicing Judicial, Proceedings, Misleading the Judiciary, Perjury.

Abstract

 This research examines the role of criminal justice in achieving legal security by addressing crimes that directly undermine the course of justice, given the serious threat these crimes pose to the stability of the legal system and public trust in the judiciary. The study focuses on three main categories of crimes that obstruct the administration of justice: Crimes affecting the course of justice, particularly the crime of publication that prejudices ongoing judicial proceedings. Such acts can negatively influence the impartiality of judges and the integrity of court procedures by disseminating information or news that may sway public opinion or put undue pressure on witnesses and parties involved. Crimes of misleading the judiciary, which include acts intended to deceive the court and distort the truth, such as concealing evidence or submitting forged documents. These offenses can lead to judgments that do not reflect reality, thus undermining justice and threatening legal security. Perjury (false testimony), which remains one of the most significant crimes obstructing the course of justice. Giving false testimony before the court misleads judges, hinders the establishment of the truth, and consequently jeopardizes rights and diminishes public confidence in judicial rulings. The research demonstrates that criminal justice constitutes an effective safeguard for protecting the integrity of judicial proceedings through deterrent legal provisions and procedural mechanisms that ensure the revelation of the truth and the punishment of anyone attempting to subvert it. The study concludes that achieving legal security requires the continuous development of legislation to keep pace with emerging forms of these crimes, particularly in light of advancements in media and the digital sphere. Additionally, raising legal awareness about the importance of protecting the judiciary from any unlawful influence is vital. In conclusion, the research affirms that legal security cannot be attained without an effective criminal justice system capable of deterring crimes that obstruct the course of justice, thereby ensuring judicial independence, fairness, and maintaining public trust in the judiciary.

References

Sources in Arabic

First: Legal Books

1. Amin Beyk, A. (1949). Explanation of the Egyptian Penal Code – Special Part (Vol. 1, 3rd ed.). Committee for Authorship, Translation and Publishing.

2. Jaafar, A. M. (2000). The Penal Code – Special Part (1st ed.). University Institution for Studies, Publishing and Distribution.

3. Bahnam, R. (1982). The Penal Code – Crimes of the Special Part. Al-Maaref Establishment.

4. Khalaf, M. M. M. (2011). The Crime of Obstructing Justice in Islamic Jurisprudence and Positive Law. Dar Al-Kutub Al-Qanuniyya.

5. Hosni, M. N. (1988). Special Commentary on the Penal Code – Crimes Affecting the Course of Justice. Dar Al-Nahda Al-Arabia.

6. Sorour, T. (2000). The Penal Code – Special Part (1st ed.). Dar Al-Nahda Al-Arabia

Second: Legal Research Articles

1. Shar’an, M. M. (1972). Special Provisions on False Testimony in Criminal Matters. Journal of Judges, Issue 7.

Third: Theses and Dissertations

1. Al-Asadi, H. I. I. (1995). The Crime of False Testimony – A Comparative Study (Master’s thesis, College of Law, University of Baghdad).

Fourth: Constitutions and Laws

1. French Penal Code (Code Pénal).

2. Egyptian Penal Code No. 58 of 1937.

3. Civil Procedure Law No. 83 of 1969.

4. Criminal Procedure Law No. 23 of 1971.

Downloads

Published

2025-09-01

How to Cite

The role of criminal justice in achieving legal security in rulings on crimes that undermine the course of justice. (2025). Ashur Journal of Legal and Political Sciences Is Issued by the Iraqi Association of Legal Sciences, 2(3), 331-361. https://doi.org/10.64184/ajlps.V2.I3.Y2025.P331-361.133

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