Late Testimony and Its Impact on The Criminal Ruling

Abstract

The certificate is one of the moral evidence that reaches of the knowledge of the investigator from the tongue of others, since all criminal evidence, whether physical or moral, is the discretion of the evidence belongs to the trial court and because of the testimony is the most important moral evidence it's estimate belongs to that court, if the investigating court finds sufficient evidence against the accused, it must refer it to the competent court for a trial for the charge against him what helps the grudge is to stand on the validity of the testimony and the sense of error and his ability to arbitrate the mind and study the personality of the witness and the circumstances of the accident failure to examine the testimony may result in sentencing an innocent person or acguittaling a criminal person in both cases is an explicit violation of the procedural legality and inflict major damage of the society and gustice.

The role of the investigating court is limited to collecting evidence without discussing it, So it differs  from the trial court in estimating the late testimony and discussing the evidence, So our study focuses on the concept of the testimony and the legal value of late testimony and its control, this is three demands, (the first one the definition and the characteristics of the testimony) the second one is the legal value of the late testimony and the third one the control of the value of the late testimony as well as an introduction that includes the most important results and proposals We have reached .