Year:2022   Volume: 4   Issue: 6   Area:

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  3. ID: 639

Mazin khalaf ALSHAMRY


Expertise is one of the most important necessary procedures that ‎a criminal judge resorts to, especially in matters that he cannot decide ‎on the subject of a criminal case, except with the help of those with ‎technical or scientific expertise. And their diversity makes it difficult ‎and important for the criminal judge to surround them all, which ‎makes him in dire need of the expert’s opinion, and if the ‎contemporary judicial trend is moving towards benefiting from the ‎efforts of experts in all scientific fields related to judicial work, which ‎is the positive aspect in it, but this does not negate The occurrence of ‎professional abuses and errors as a result of their negligence or ‎deliberateness in their opinions, although they are agents of the ‎judicial authority and are assumed to be honest, credible and faithful ‎in giving their sound opinions, not to be a reason to mislead criminal ‎justice by giving false testimony or swearing a false oath, and despite ‎the importance of experience Before the judicial authorities, however, ‎the Iraqi legislator did not regulate the provisions of the criminal ‎responsibility of the expert in some detail, and was satisfied with the ‎stated general rules that deal with cases of criminal responsibility and ‎its absence A in a very narrow range‎.

Keywords: Expertise, Responsibility, Crime, Influence, Judiciary.