Right of the accused to be tried within a reasonable period in the Iraqi and comparative criminal legislation

Abstract

The accused is a person who has the right to describe the accusation، The status of the accused entails that the criminal proceedings shall be taken in the face of the accused person and such proceedings involve an infringement of the freedoms of the accused person by arrest, arrest or search. The longer the time taken for criminal proceedings, the higher the burden on the accused, Reconciliation, whether at the personal level, has been affected by freedom and security, their health at the family and social level, or the professional level. And since criminal procedures aim to reach evidence that would reveal the truth to achieve criminal justice, then it is the state’s means to implement its right to punish the perpetrator. However, these criminal procedures should be as necessary to achieve that goal, and these procedures should not take long, because late justice is unfair. On this basis, the accused's right to trial is presented within a reasonable period, and if this right is apparently and primarily determined in the interest of the accused. In reality, however, it fulfills, in addition to the interests of the accused, the interest of society in reaching the truth and achieving justice as quickly as possible without undue delay or delay in a way that harms the accused, society, and criminal justice.