The Legal Presence of the Accused in the Provisions of Iraqi Law

While the Iraqi Code of Criminal Procedure No. 23 of 1971, as amended, seeks, in line with comparative laws, to provide sufficient guarantees for the accused and protect his rights during the investigation and trial phases leading up to the issuance of a judicial ruling, it also strives to expedite the trial and prevent the disruption of the trial process due to the absence or evasion of the accused from attending trial sessions. Thus, the concept of constructive presence emerged to achieve this balance between the guarantees of the accused and the speed in resolving criminal cases and preventing their delay. This raises the question of the Iraqi legislator's position on the concept of constructive presence and its applications compared to comparative legislations that have adopted this concept. This is what the researcher attempts to answer in this study.