Our college hosted Professor Dr. Zain Al-Abidin Awad Kadhim, a professor of criminal law at the College of Law at Al-Muthanna University, to participate in a committee discussing a master’s thesis on “The Admissibility of Evidence Obtained by Illicit Means in Criminal Evidence – A Comparative Study,” presented by student Musa Abdul Khashan.
The study aimed to address this topic through the legal and judicial solutions adopted by Iraqi legislators and comparative legislation under the principle of criminal legality.
The study concluded that the majority of procedural legislation, including the current Iraqi Code of Criminal Procedure, does not establish a general and comprehensive theory for the legitimacy of criminal evidence. Furthermore, Iraqi lawmakers are almost in agreement with comparative legislation that a confession or testimony obtained through coercion, psychological or physical torture, or against the defendant’s will is inadmissible. Furthermore, some modern scientific methods for obtaining evidence, such as lie detectors and hypnosis, are illegitimate, as they constitute a violation of individuals’ freedom and their right to remain silent.
Department of Media and Government Communication
College of Law – University of Karbala
