Judicial investigation into domestic violence crimes (Comparative analytical study)

Judicial investigations into domestic violence crimes are a set of procedures taken by the competent authorities to gather the necessary evidence and indications to prove the crime occurred and attribute it to its perpetrator. Crimes occurring within the family are considered in accordance with the law. There is no criminal court in Iraq specializing in domestic violence crimes. However, the Supreme Judicial Council established investigative courts and misdemeanor courts specializing in family cases in Statement No. 9 of 2021 in each appeals district. No provision was made for the formation of a court specializing in all types of domestic violence crimes, including a criminal court. These courts operate within their jurisdictions in accordance with the provisions of applicable laws. Legislators have set aside specific provisions for these crimes, including confidentiality of trials for reasons related to public morals. These provisions must be respected, as they constitute an integral part of societal ethics, and to protect the family unit from disintegration and the issuance of a protection order.

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Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2025-12-01
DOI
https://doi.org/10.63677/jqlap.2025.164294.1414
Primary Topic
Governance, Compliance, and Sustainability
Type
article
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article

Judicial investigation into domestic violence crimes (Comparative analytical study)

Marwa Aati
AL-Qadisiya Journal For Law and Political Sciences
Governance, Compliance, and Sustainability
article

Judicial investigation into domestic violence crimes (Comparative analytical study)

Marwa Aati
article en

Abstract

Judicial investigations into domestic violence crimes are a set of procedures taken by the competent authorities to gather the necessary evidence and indications to prove the crime occurred and attribute it to its perpetrator. Crimes occurring within the family are considered in accordance with the law. There is no criminal court in Iraq specializing in domestic violence crimes. However, the Supreme Judicial Council established investigative courts and misdemeanor courts specializing in family cases in Statement No. 9 of 2021 in each appeals district. No provision was made for the formation of a court specializing in all types of domestic violence crimes, including a criminal court. These courts operate within their jurisdictions in accordance with the provisions of applicable laws. Legislators have set aside specific provisions for these crimes, including confidentiality of trials for reasons related to public morals. These provisions must be respected, as they constitute an integral part of societal ethics, and to protect the family unit from disintegration and the issuance of a protection order.

AL-Qadisiya Journal For Law and Political SciencesVol. 16(Issue: 2 part 2)
Presidency University (BD)
Peace, Justice and strong institutions
Openalex Percentile: Top 15%
Governance, Compliance, and Sustainability
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