16 Jan 2022

The Faculty of Law at the University of Karbala discussed the master’s thesis tagged: “Legal responsibility for breach of penal bail” (a comparative study). The message was submitted by the student Abdul-Hussein Abdullah Abdul-Hussein.
The study aimed to show that due to its connection to the rights and freedoms of individuals, it is a means to preserve those rights and preserve freedoms to the extent necessary, as it is considered one of the important guarantees for all parties to the criminal case, and it was addressed by the Iraqi legislator in the Code of Criminal Procedure No. (23) of 1971 amended and the systems of its provisions. Under Chapter Three of Chapter Five in Articles (109-120) under the heading (Arrest and Release of the Accused).
The study showed the concept of penal bail, and what it has of privacy as well as a statement of the procedural system for it, and since every obligation is subject to breach of it intentionally or unintentionally, the researcher did not neglect the study of the responsibility resulting from breaching the penal guarantee with a statement of the legal nature of that responsibility.
In the conclusion, the researcher reached a number of results and proposals, the most important of which is that the legal nature of the liability resulting from breach of bail has been subjected to great confusion by jurisprudence and the judiciary alike; Because of the lack of clarity in the articles whose provisions are regulated, there are those who consider it a civil liability, and there are those who consider it a criminal responsibility, and others think that it is of a dual nature, and from our side we have come to the conclusion that this responsibility is almost outside the scope of civil liability, although the scope of work of this guarantee is limited In the criminal courts, the general provisions for them are found in the civil law, in addition to the fact that the place of the guarantor’s obligation in the criminal case does not differ from the place of the guarantor’s obligation to self.

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