CRIMINAL LIABILITY FOR MISREPRESENTATION BEFORE THE JUDICIAL AUTHORITIES - COMPARATIVE STUDY -

Abstract

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