Since nullity encompasses a broad scope in the law and raises complex legal issues, it is essential to examine and study them to find the necessary solutions to ensure the smooth operation of the criminal justice system. This is particularly true given that the majority of criminal jurisprudence believes that nullity is the key to constructing every law and the best guarantee for the proper application of the law. The law cannot be applied without the validity of correct procedural actions. This means that it requires the validity of criminal procedures. Therefore, the nullity of these procedures affects the validity of the judicial decision. Consequently, it has become an absolute duty to find appropriate solutions to ensure the proper functioning of the criminal justice system, especially after the scope of issues has expanded. Criminal procedures have evolved in response to theto the progress and development of societies, enablingenabling them to address issuesaddress related issues related to the diverse interests that courtscourts consider. Things have turned to establishing a penalty for violating general legal rules, so that they become binding. The best of this is the theory of invalidity, and the basis of this theory is based on the principle of punishment for defective legal action. Therefore, most criminal legislation has tended to regulate cases of invalidity with texts in its laws. However, the Iraqi legislator did not specify this theory in the texts regulating it in the Code of Criminal Procedure; instead, it was scattered throughout the texts without being unified by a single purpose. Therefore, we consider it an essential and unavoidable duty to address the issue of invalid criminal procedures and the consequences and penalties that result from their violation.

Consequently, we have embarked on writing this research to demonstrate the role and importance of invalidity in criminal procedures, as outlined in a research plan consisting of two sections. In the first section, we will address the nature of invalidity in criminal procedures, and in three subsequent sections. In the first section, we will explain the definition of invalidity, and in the second, we will examine the basis of criminal protection for invalidity. We will devote the third section to distinguishing invalidity from similar concepts in other legal systems. The second section is dedicated to invalidity, its types, and causes, and in three sections, we will explain the doctrines of invalidity in the first section, and the second will address the kinds of invalidity. In the third section, we will examine the causes of invalidity, addressing them sequentially according to the plan prepared for this purpose, as follows. This is the summary of the research, and success comes from God.

Legal Doctrine, Subjective Doctrine, and Mandatory

First: The Holy Quran

Second: Dictionaries

Abu al-Hasan Ahmad ibn Faris ibn Zakariya, Dictionary of Language Standards, 2nd ed., al-Jabal, Beirut, 2012.

Gerard Cornu, Dictionary of Legal Terms, 2nd ed., University Foundation for Publishing, Beirut, 2009.

Majd al-Din Muhammad ibn Ya'qub al-Fayruzabadi, Al-Qamus al-Muhit, 7th ed., al-Risala Foundation, Beirut, 2012.

-----------, Academy of the Language of Jurists, Dar al-Nafayes, Beirut, 1996.

Third: Legal Books

Dr. Ahmad Fathi Sorour, The Theory of Nullity in the Criminal Procedure Code, Egyptian Renaissance Library, Cairo, 1959.

Dr. Ahmed Kamel Abu Al-Saud, The Golden Code, The Theory of Invalidity of Judgments in Criminal Legislation, Al-Intifaa Press, Alexandria, 1992.

Dr. Elias Abu Eid, Procedural Defenses in Criminal and Civil Procedure, Zain Legal Library, Lebanon, 2004.

Dr. Elias Abu Eid, Criminal Procedure: Between Text, Ijtihad, and Jurisprudence, A Comparative Study, Vol. 2, Al-Halabi Legal Publications, Beirut, 2003.

Jawad Al-Rahimi, Invalidity Provisions in the Criminal Procedure Code, Legal Library, 2nd ed., Baghdad, 2006.

Dr. Raouf Obeid, Principles of Criminal Procedure in Egyptian Law, No. 150 of 1950, Cairo, 1979.

Saad bin Muhammad bin Dhafir, Criminal Procedure in Saudi Arabia, 1st ed., Dar Taiba, 1414 AH.

Dr. Suleiman Abdel Moneim, Principles of Criminal Procedure in Legislation, Jurisprudence, and the Judiciary, University Foundation, Beirut, 1997.

Dr. Saleh Abdel Zahra Al-Hassoun, Provisions of Inspection and Its Effects in Iraqi Law, without mentioning the place and year of publication.

Dr. Asim Shakib Saab, The Theoretical and Practical Invalidity of Criminal Procedure, A Comparative Study, 1st ed., Al-Halabi Legal Publications, Beirut, 2007.

Dr. Abdel Hamid Al-Shawarbi, Procedural and Substantive Civil Invalidity, Al-Maaref Foundation, Alexandria, 1991.

Dr. Abdel Fattah Mustafa Al-Saifi, Explanation of the Lebanese Code of Criminal Procedure, Faculty of Law, Beirut Arab University, without mentioning the year of publication.

------------, The General Theory of Criminal Procedure, Dar Al-Bahri Brothers, Beirut, 1974.

Abdul Qader Awda, Islamic Criminal Legislation Compared to Positive Law, 4th ed., Al-Risala Foundation, Beirut, 1996.

Dr. Alwani Muhammad Alwani, Explanation of the Algerian Criminal Procedure Code, Dar Al-Jamiah, Algeria, 2003.

Dr. Fathi Wali and Dr. Ahmed Maher Zaghloul, The Theory of Nullity in the Code of Civil Procedure, 2nd ed., Modern Printing House, 1997.

Dr. Fawzia Abdel Satar, Explanation of the Criminal Procedure Code, Dar Al-Nahda Al-Arabiya, Cairo, 1986.

Dr. Mamoun Muhammad Salama, Criminal Procedure in Libyan Legislation, Vol. 2, 1st ed., Dar Al-Kutub Press, Beirut, 1971.

Dr. Muhammad Kamil Ibrahim, The General Theory of Nullity in the Criminal Procedure Code, Dar Al-Nahda Al-Arabiya, Cairo, 1989.

Dr. Mahmoud Naguib Hosni, Explanation of the Criminal Procedure Code, 2nd ed., Dar Al-Nahda Al-Arabiya, Cairo, 1988.

Fourth: Laws

Iraqi Code of Criminal Procedure No. 13 of 1971, as amended.

Egyptian Code of Criminal Procedure No. 57 of 1959, as amended.

Lebanese Code of Criminal Procedure No. 328 of 2001, as amended.

Algerian Code of Criminal Procedure No. 66 of 1996, as amended.

Saudi Code of Criminal Procedure No. 21 of 2001, as amended.

Libyan Criminal Procedure Code No. 150 of 1950, as amended.

Fifth: Decisions

Lebanese Civil Cassation, No. 5, Decision 38, dated March 29, 2001, Al-Adl Magazine, Issue 1, 2002.

Lebanese Cassation, No. 2, Decision 71, dated October 25, 1994 (N.C.L.), Issue 10 of 1994.

Egyptian Criminal Cassation, May 29, 1951, Collection of Cassation Rulings, Volume 2, No. 433.

Arabic References

Jawad Al-Rahimi, Provisions of Nullity in the Code of Criminal Procedure, Legal Library, 2nd ed., Baghdad, 2006, p. 2.

Jawad Al-Rahimi, Provisions of Nullity in the Code of Criminal Procedure, previous source, p. 9.

Majd Al-Din Muhammad ibn Ya'qub Al-Fayruzabadi, Al-Qamus Al-Muhit, 7th ed., Al-Risala Foundation, Beirut, 2012, p. 966.

Surah Saba': Verse 49

Majd Al-Din Muhammad ibn Ya'qub Al-Fayruzabadi, Al-Qamus Al-Muhit, previous source, p. 967.

Muhammad Rawas Qala'ji, Academy of the Language of Jurists, Dar Al-Nafa'is, Beirut, 1996, p. 88.

Abu Al-Hasan Ahmad ibn Faris ibn Zakariya, Dictionary of Language Standards, 2nd ed., Al-Jabal, Beirut, 2012, p. 258.

Gérard Cornu, Dictionary of Legal Terms, 2nd ed., University Publishing Foundation, Beirut, 2009, pp. 26-27.

Dr. Raouf Obeid, Principles of Criminal Procedure in Egyptian Law No. 150 of 1950, Cairo, 1979, p. 20, Article 331.

Muhammad Kamil Ibrahim, The General Theory of Nullity in the Criminal Procedure Code, Dar Al-Nahda Al-Arabiya, Cairo, 1989.

Dr. Abdel Hamid Al-Shawarbi, Procedural and Substantive Civil Nullity, Mansha'at Al-Maaref, Alexandria, 1991, p. 9.

Dr. Abdel Fattah Mustafa Al-Saifi, Explanation of the Lebanese Code of Criminal Procedure, Lectures for Fourth-Year Law Students at the Faculty of Law, Beirut Arab University, p. 299.

Dr. Asim Shakib Saab, Nullity of Criminal Judgments: Theoretical and Practical: A Comparative Study, 1st ed., Al-Halabi Legal Publications, Beirut, 2007, p. 32. ( ) Jawad Al-Rahimi, Nullity Provisions in the Code of Criminal Procedure, previous source, p. 28.

Dr. Ahmed Fathi Sorour, Nullity Theory in the Code of Criminal Procedure, Al-Nahda Al-Masriya Library, Cairo, 1959, p. 2.

Jawad Al-Rahimi, Nullity Provisions in the Code of Criminal Procedure, previous source, p. 10.

Dr. Abdel Fattah Mustafa Al-Saifi, The General Theory of Criminal Procedural Rules, Dar Al-Bahri Ikhwan, Beirut, 1974, p. 97.

Dr. Alwani Muhammad Alwani, Explanation of the Algerian Code of Criminal Procedure, University House, Algeria, 2003, p. 2596.

Mahmoud Naguib Hosni, Explanation of the Criminal Procedure Code, 2nd ed., Dar Al-Nahda Al-Arabiya, Cairo, 1988, p. 344.

Elias Abu Abd, Procedural Defenses in the Principles of Criminal and Civil Trials, Zain Legal Library, Lebanon, 2004, p. 161.

Dr. Fawzia Abdul Sattar, Explanation of the Criminal Procedure Code, Dar Al-Nahda Al-Arabiya, Cairo, 1986, p. 42.

Abdul Qader Awda, Islamic Criminal Legislation Compared to Positive Law, 4th ed., Al-Risala Foundation, Beirut, 1996, p. 238.

Saad bin Muhammad bin Dhafir, Criminal Procedure in Saudi Arabia, 1st ed., Dar Taiba, 1414 AH, p. 234.

Surah An-Nisa: Verse 59.

Dr. Ahmed Fathi Sorour, The Theory of Nullity in the Criminal Procedure Code, previous source, p. 112.

Dr. Ahmed Fathi Sorour, The Theory of Nullity in the Code of Criminal Procedure, op. cit.., p. 118.

Dr. Mamoun Muhammad Salama, Criminal Procedure in Libyan Legislation, Vol. 2, 1st ed., Dar Al-Kutub Press, Beirut, 1971, p. 303.

Jawad Al-Rahimi, Nullity Provisions in the Code of Criminal Procedure, op. cit.., p. 50.

Dr. Saleh Abdul Zahra Al-Hassoun, Provisions of Inspection and Its Effects in Iraqi Law, no year of publication mentioned, p. 351.

Dr. Mahmoud Najib Hosni, Explanation of the Code of Criminal Procedure, op. cit.., p. 348.

Elias Abu Eid, Principles of Criminal Procedure between Text, Ijtihad, and Jurisprudence, A Comparative Study, Vol. 2, Al-Halabi Legal Publications, Beirut, 2003, p. 496.

Dr. Suleiman Abdel Moneim, Principles of Criminal Procedure in Legislation, Jurisprudence, and the Judiciary, University Foundation, Beirut, 1997, p. 110.

Dr. Fathi Wali and Dr. Ahmed Maher Zaghloul, The Theory of Nullity in the Code of Civil Procedure, 2nd ed., Modern Printing House, 1997, p. 16.

Dr. Suleiman Abdel Moneim, Principles of Criminal Procedure in Legislation, Jurisprudence, and the Judiciary, op. cit.., p. 138.

Text of Article 332 of the Egyptian Code of Criminal Procedure: (These cases may arise when specific provisions explicitly stipulated by the legislator are violated.)

Dr. Suleiman Abdel Moneim, Principles of Criminal Procedure in Legislation, Jurisprudence, and the Judiciary, op. cit.., p. 139.

Dr. Elias Abu Eid, Principles of Criminal Trials between Text, Ijtihad, and Jurisprudence, op. cit.., p. 498.

Dr. Mahmoud Naguib Hosni, Explanation of the Criminal Procedure Code, previous source, p. 350

Dr. Mahmoud Naguib Hosni, Explanation of the Criminal Procedure Code, previous source, p. 386

Lebanese Civil Cassation, No. 5 - Decision 38, dated March 29, 2001, Al-Adl Magazine, Issue 1, 2002, p. 56.

Dr. Suleiman Abdel Moneim, Principles of Criminal Procedure, previous source, p. 140.

Lebanese Cassation - No. 2 - Decision 71, dated October 25, 1994 (N.Q.L.), Issue 10 of 1994.

Dr. Ahmed Kamel Abu Al-Saud, The Golden Code / The Theory of Invalidity of Judgments in Criminal Legislation, Al-Intifaa Press, Alexandria, 1992, p. 105.

Dr. Ahmed Kamel Abu Al-Saud, The Golden Code / The Theory of Invalidity of Judgments in Criminal Legislation, previous source, p. 109.

Dr. Elias Abu Eid, Principles of Criminal Trials, previous source, p. 502

Egyptian Criminal Cassation Court - May 29, 1951, Collection of Cassation Rulings - Volume 2 - No. 433, p. 502

Dr. Mamoun Muhammad Salama, Criminal Procedures, Vol. 2, previous source, pp. 302-313

Dr. Mamoun Muhammad Salama, Criminal Procedures, Vol. 2, previous source, pp. 304-312