Keywords : negative crimes


Zina Zuhair Muhammedchit; Adnan Muhammad Abbas Dabo

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 171-197

The study focused on "negative crimes in Iraqi legislation" because they are crimes of a special nature, whether in terms of attempting or contributing to them, or in terms of the elements that distinguish them, or the penalties prescribed for their perpetrators A negative crime consists of several elements, namely, rejection to engage in a certain positive behavior, the legal obligation, and the voluntary character of abstinence, and therefore, like any other crime, it consists of a material element represented by abstinence, the result and the causal relationship, a moral element represented by the voluntary characteristic of abstinence, and a legal element represented by With legal duties . In conclusion, the study reached at some results, the most important of which is despite the difference in jurisprudence regarding the definition of negative crime. However, all the opinions of the jurists revolve around certain axes of the negative crime, as they are reluctance or reluctance to commit a positive act that the law had imposed on him in certain circumstances, and that This act is within the power of the abstainer, in addition to that, the initiation and criminal participation in negative crimes can be realized. The study presented a set of recommendations to the Iraqi legislator, which aims in its entirety to treat the deficiencies or deficiencies in some of the criminal texts Iraqi legislation.