The Legal System for the Execution of Punishment

Abstract

The individual unable to get hisher right by himself when an attack is committed against him, but the right to litigation is guaranteed. The individual must be resorted to the judiciary to judge the assaulter and compensation him. A person should obtain hisher rights by a final judgment that issued by a competent court, so as not to prevail the law of the jungle, which is based on the promotion of instincts, the control of power, oppression and that is mean of the waste of criminal justice and the destruction of human equality. The penalty should be executed after the judge issued final decision on the case. Executing the punishment is dangerous decision because it related to human rights. Each case must prove by strong evidence to prevent any authority of using the power to violate human rights. This research concentrates on the problems of executing the punishment. Legal libraries in Iraq is free of the jurisprudence books that deal with this important subject. Also, Iraqi legislator did not determine a court which is specialist on these problems in specific rules, but other Arabic and Foreign legislators did that.