توقيف رجل الشرطة في القانون الجنائي لقوى الأمن الداخلي


Arresting : it is one of the primary investigating's procedures, it is considered one of the most dangerous procedures and the most affecting one to the freedom of the policeman, by which, the freedom of the policeman will be confiscated along the period of arresting, it means confinement of the defendant before issuing the verdict against him, it is also defined as a temporary procedure upon which the defendant will be confined in a specific place. Under the order of a legal destination, for a specific legal period, the authorities try within it to make sure of the proving the charge or not, so it is considered as a dangerous procedure during it the defendant will be confined in order to let him preserved by restricting his movement and be detained before charging him, to avoid his escape and disappear or affecting the evidences or the processing of investigation or the witnesses, also sometimes it necessitated due to the requirements of security and protecting the society, the security of the society necessitate the confinement of dangerous criminals to prevent committing another crimes, or as a method to calm down the rage of people if the crime was infecting people and affirming to the majesty of the government, also the confinement may be in the behalf of the defendant to protect him from any hurt may attach him by the family of the victim specially for those places that believe in revenge, due to the danger of the confinement, therefore it is provided by the law with many insurances that may mollify its severity and ensure no abuse. In the criminal law for the internal security forces, the investigation authorities and courts of internal security forces resort to arrestment to place the defendant policeman under the power of the justice by restricting his freedom through issuing an order to arrest him provided that no violating to the statement of the modified law of criminal trials principles of (23) for (1971), because of the new modification happened to this law after the changing of the regime of Iraq on 2003, therefore it contained many defect we have tackled with some of them in previous researches. In this research we will show the importance of confinement of the defendant policeman in the criminal law for the internal security forces as how to touch the freedom of the defendant policeman and necessity of specifying it and applying appropriate insurances to commute its severity, via applying a appropriate plan including a preliminary request in arresting the defendant policeman in the above mentioned law and its importance, and two sections, first one is specialized to discuss the procedures of arresting the policeman and confining him, second one is concerned about the insurances of arresting him, then an epilogue for most important conclusions and suggestions the researches has come up with and an abstract with Arabic and English.