27 Mar 2022

The Faculty of Law, University of Karbala, discussed the doctoral thesis tagged: The effect of the corruption of inference in the penal judgment – a comparative study – the thesis submitted by the student “Jaafar Wadi Abbas Al-Fatlawi”.
The thesis aimed to show that the basic principle in penal judgments is that the judge of the subject has complete freedom to build reasons of wisdom on his emotional conviction through whatever evidence he obtains on the subject matter of the case. Defects.
The thesis also showed that the existence and sufficiency of reasons, which form the basis for issuing the judgment, is not considered sufficient, but these reasons must be valid in terms of reason and logic to reach the conclusion reached by the subject court in the judicial pronouncement. Because the reasoning that leads to unpalatable and unsuitable results for the judgment does not make it valid premises for its issuance and pronunciation, which makes the judgment flawed and tainted by corruption in the inference through the wrong deduction of the facts of the case.
The researcher reached a number of results and recommendations, the most important of which is that the effect of the logical inference carried out by the judge while he is in the process of understanding the incident and the evidence in the case, whether it is inductive reasoning or deductive reasoning is improper inference, and how its corruption leads to the injury of the penal judgment with the corruption of inference, in There remains the absence of a legislative text in the amended Iraqi Code of Criminal Procedure No. (23) of 1971.
In order to protect the judgment from procedural waste, whether in terms of judicial effort and time or to protect litigants, we call on the legislator to find means, whether judicial or legislative, in order to correct judgments and not to waste them and to avoid us from falling into the defect of corruption of inference.

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