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عنوان المقال عربي

ضمانات المتهم خلال مرحلتي الاعتقال والاحتجاز (دراسة مقارنة)

اسم الباحث عربي

حسن خنجر عجيل

Abstract

The principle in man is innocence and his enjoyment of his complete freedom, and that it may not be infringed, violated or restricted, except within the limits required by the public interest and the protection of society's security. Personal freedom is one of the most important rights that a person enjoys, as it is the main condition for practicing his activities and expressing himself. Freedom is a natural right of every human being, and it may not be violated as long as it abides by the controls established by constitutions and regulations. However, this does not preclude the imposition of some restrictions on this freedom sometimes, and the rights of those who are entitled to it are respected. Restricting it through arrest in cases where violating freedom is legitimate because it is based on the law and targets the interest of society as a whole in combating crime. The constitutions of states, including the Iraqi constitution, are keen to enclose personal freedom with a solid fence of guarantees and restrictions to achieve a balance between the right of the state to punish, and the right of the accused to enjoy his freedom in order to achieve justice. Citizens and freedoms of all citizens, as well as putting in place guarantees to ensure their use in a manner that achieves the interest of society.

Keywords

Detention, guarantees of the accused, arrest, detention

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