Cases of Arresting the Military Suspect under the Military Law of Criminal Procedure

Abstract

Abstract

This study focuses on the cases of detention under the Law of Military Criminal Procedure. As it is the case in the Law of Criminal Proceedings, the Iraqi Law of Military Criminal Proceedings No. 22 of 2016, also stipulates detention cases, i.e. cases in which the investigative authority or the court can decide to detain the military accused. Some of the cases stipulated are permissive, meaning that the legislator permitted the detention of the military suspect in them, and others are obligatory, which means that an detention warrant must be issued when it occurs. Since detention is a dangerous measure by its nature because it deprives the detainee from the freedom while he is still innocent in the eyes of the law, we find that the Iraqi military legislator has surrounded the detention of the military accused with a series of guarantees in order for this dangerous procedure to remain within the limits of the purposes that were permitted for. The fact that the legislator stipulates that arrest should not be made in many cases and leaves the option to the investigative authorities to resort to it or not, is one of these guarantees