Abstract

The research sought to establish the theoretical foundations of the suspicion stage as one of the stages of criminal procedures, during which the person in whom there are initial indications of a possible connection to the committed crime is dealt with as a (suspect before he becomes an accused). This stage follows the start of the criminal procedures and precedes the accusation, and the establishment of this.
The procedural stage is necessary to ensure human rights at all stages of the criminal case. In most crimes, the curtain that obscures the truth of the crime is lifted gradually, with the names and roles of the perpetrators gradually revealed. This may be accompanied by a change in the direction of the compass of suspicion from one person to another and from one person to another. From this standpoint, the description of the person subject to investigation and the nature of the action taken against him will differ according to the strength of the evidence. Available, which may change the description of the suspect to an accused and then to a convict.
He is convicted if the evidence is sufficient for conviction. Light was shed on the position of the Iraqi criminal procedural legislator, who did not codify the description of the suspect in the Code of Criminal Procedure and did not specify the boundaries separating him from the accused. He used the term “accused” in the first stage of the criminal procedures, which is the stage of submitting the complaint, specifically in Article (4), and the term “accused” was also used. The accused is in the stage of investigation and evidence gathering, when it is required in Article (39) that if a member of the judicial police informs about a witnessed crime, he must take a number of measures, including: asking the accused about the charge attributed to him verbally. Thus, the Iraqi legislator has early adopted the naming of the accused with all the consequences. This label has consequences. The research dealt with the details of the subject according to a methodological path that began by defining the terminological and conceptual aspect of the suspect and then clarifying its rulings. The research culminated in a proposal to create a description of the suspect, separate him from the accused, and refine the rulings related to him.