A Self-proof drug crimes

Abstract

Criminal evidence rules in various legislative systems reflect many levels of civilisation and intellectuality in societies. The criminal system should contribute to a balance between accusations of crime and human rights, especially since criminal evidence rules are a key pillar of all rules of criminal procedure.

A subjective study of the evidence in drug-related crimes holds significant legal importance, particularly because such cases pose a grave threat to individuals and communities. As a result, most legislation seeks to establish the perpetrators of drug offences in preparation for their submission to the competent authorities.

The legal nature of the offence lies in its classification as a crime, particularly when it involves psychedelic substances. A substantive legal framework must be provided for this offence, especially since the evidence of drug-related crimes, regardless of form or pattern, is subject to the absolute discretion of the trial judge. The same evidence governs the principle that the judge is free to form their conviction based on any evidence as long as this evidence is legitimate and leads to the truth.

The Iraqi legislature has addressed the issue of proving drug offences in the Iraqi Criminal Procedure Code No. 23 of 1971, the Penal Code No. 11 of 1969 ( in force), and the review of the Narcotic Drugs and Psychotropic Substances Act No. 50 of 2017.

The legislator also determined that drug offences are proven through the criminal judge's direct means of establishing the offence, namely confession, witness testimony, experience and inspection, as well as indirect means of evidence.

The study concluded with a series of recommendations, the most important of which was the emphasis on the preventive role in combating drug-related crime. It also recommended the introduction of special legislative provisions stating that such evidence should be considered criminal evidence, given its scientific and practical relevance.