Keywords : Criminal


Gashaw Maroof sida; Nawzad Ahmed Yassin; Damon Hussein Ali

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 25-52

The Corona virus outbreak is the most serious humanitarian catastrophe that could lead to the lives of millions of people, if the control of this epidemic that attacks a person in one of the most important organs of his body is not the respiratory system, Despite the interest of all global circles, including the international and national levels, because of its disastrous effects on human health and life, as it may lead to death, statistics issued by the Health Organization have shown Global is increasing numbers of injured and deceased daily. In conjunction with the medical community, we had to research the criminal responsibility of the Corona virus outbreak and clarify punitive texts in the Penal Code. Iraqi No. 111 of 1969 as amended and Public Health Law No. 89 of 1981 amendedand even Traffic Law No. 8 of 2019 amended.


Muhammad Hussain Muhammad Al-Hamdani

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 138-175

Explaining the criminal responsibility resulting from practicing alternative medicine methods has a weakness in legal regulation, as the penal laws are silent regarding alternative medicine leaving this matter to the general rules that regulate the issue of criminal responsibility for intentional and unintentional acts. The integrity of his body by specifying deterrent penalties for crimes arising from practicing alternative medicine methods intentionally or by mistake. Likewise, it is difficult to find a point of convergence between a person’s right to characterize his body and methods of alternative medicine, especially if these methods are harmful to human life and safety, and here criminal responsibility for these methods is established, in addition to Therefore, the absence of the law regulating this case, for which many people sought to claim their knowledge and technical assets in the practice of alternative medicine.


Rabah Sulaiman Khaleefh; Fatma Said Suwaied Rashid

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 235-254

This study deals with explaining the legal nature of criminal reconciliation as a procedural system that arises from a crime. Its purpose is to end the criminal lawsuit that gave rise to it, and to stop the legal procedures arising from that crime. Therefore, it acquires its importance within the framework of legislation and criminal justice, by reducing the burden of the judiciary, with the consequent termination of the general criminal lawsuit arising from the crime subject to reconciliation, through clear and simplified procedures that lead to speedy adjudication without the method of criminal procedures. In this regard, the problem of the study lies, through researching the legal nature of this procedure, especially in light of the ideas and visions presented in this context, in order to come up with a legal vision that is compatible with this procedural system. The researcher used the historical method in studying and extrapolating the legal principles and rules in order to establish them historically and philosophically, using the analytical method in order to analyze the texts, rules and opinions that have been deduced from the nature of this procedure One of the most important findings of this study was that the nature of criminal reconciliation does not deviate from the fact that it is a procedural system that is based only on the occasion of committing the crime with the aim of stopping the legal procedures arising from that crime, by ending the criminal lawsuit that has arisen from it, and that only by the agreement of its parties and in the cases that It is determined by the law, equally with or without compensation, as it is thus a procedural system that combines with it some characteristics of the contract along with some features and characteristics of the penalty.


Hoda S.Mohammed Al-Atarqji

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 1-30

The criminal protection of human rights is a legal insurance for every human being to defend him from any encroach on his rights, but this insurance does not have the same effectiveness in the case of emergency, in that the emergency case is an exceptional state which possibly could stop the work in legal clauses that form the statutory insurances to humans in the criminal law, and this preventing is requirable in order to achieve the balance in human rights between protecting their families and lives on one hand and protecting the authority of the state from any assault or disorder. To investigate in this activating or deactivating could not exist only in the emergency state and it does not in the normal cases because there are no obligations to deactivate the laws and the principles which construct legitimate guarantees for humans in the normal state. Moreover, the problem which emerges in the research is determining the legal clauses that can be activated or deactivated in the case of emergency, and what is the trustable criterion to which they are bound to, and their appropriateness with the rules of the international law in protecting human rights. According to that, it is going to analyze, explain and adapt the legal clauses in the punishment law, the rules of international law, the international conventions, the emergency law and how to search for a legitimate support which may define the rights that hinder their own legitimate clauses which are concerned in protecting them or activate their protection in the emergency case in that to treat the crucial cases that happen in the case of emergency and determine the dependable criterion in this activating or deactivating. It is also has been determined the cases which require a clear, legal treatment so that to activate this right in the emergency state and decide relentless punishments in the case of violating these laws. Furthermore, it has been determined the laws that conflict with the human rights, and the difficulty of this research shows itself when there is no deep study about this subject in a case of emergency because of its sensitivity concerning human rights and the difficulty to have decisions that touch human rights, especially in the state of emergency since most of the work or the authority is going to be in the hands of the military forces. In addition to that, the importance of this research lies in its difficulty and it can be a guideline for human rights commissions to know the illegal infringements regarding human rights in the emergency case. It also functions as a legal civilizing for the citizens to know what is for them and what is on them in the case of emergency; and a legitimate, studious paper presented to executive and juristic governments: the executive authority to know what is for it and what is not in the case of emergency and the legislative authority in order to make adjustments, adding or deleting to the clauses which require to do so in order to coincide with the principles of human rights.


Sarhank H. Barzanji; Tafkeh A. Tawfiq Al-Bustani; Muhammad S. Saeed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 2, Pages 43-80

This research highlights the crime of repeated voting, which poses a criminal riskiness to the voting process and leads to manipulation of its results and misrepresented from the right track and lack of credibility and biased its interest in support of one party at the promote of another party or in advantage of a candidate at the advantage of another candidate and thus the arrival of deputies to the parliaments without being representative of the correct will of the voters, which leads to the lack of parliamentary legitimacy constitutional and legal and unable to express the orientations of members of society and the exercise of the tasks entrusted to him and the lack of a sense of the importance of the voter and thus away from work To serve the electorate and express their opinions, attitudes and aspirations and lack of a sense of the importance of his work as a representative of the community. Therefore, we dealt with this topic through two sections, first section is the nature of the crime, the second section to the pillars and the penalty determined for this crime.


Shaima Z.mohammad

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 1, Pages 360-376

Detention is a precautionary procedure ordered by a judicial authority to place the defendant in custody for specified period, as required by the investigation department and within the limits set forth by the law. Detention is one of the most serious measures in which it clearly highest the contradiction between two conflicting remedies, the freedom of the individual, the accused is innocent until proven guilty. He cannot be deprived of his liberty before his conviction is found. However, detention is justified by the interest of investigation and is lawful as long as it is taken in accordance with the law and in order to protect the public interest which may require infringement of the defendant’s freedom


Oday T. Aldoury

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 1, Pages 170-197

Perhaps the most important outcome of wars in addition to destruction and poverty is the emergence of extremist ideas, which lead to the isolation of the state and paralyzed movement and progress fully as a result of the fighting and the rivalry generated by these extremist ideas, so there is a serious need for the existence of penal provisions that prevent prevention and response both privately and publicly to ensure the existence of A sound society based on sound foundations that will enable it to continue as a functioning state in its international and regional environment. Since the images of crimes embodied by intellectual extremism are many and varied at the same time, which requires the existence of texts absorbed to protect society from the danger of those crimes, which call for the need to amend some punitive texts to meet the images of such new crimes


Caesar S.Younes Al-Herbawi

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 105-141

There is no medical alternative to blood, it is one of the elements that cannot continue life without him based on this basis made efforts by the owners of medicine and science efforts to transfer it to those who need it directly and then evolved to save it for a period of time and give it to patients and injured and thus established specialized centers called Blood banks have been inflicted on hospitals. They are public moral persons, but it is beating whenever this person is private after the legislator has approved the establishment of private hospitals, but the establishment of private blood banks, thus resulting in negative consequences for people as a result of irresponsible blood transfusions or deliberate transfer of contaminated blood Raises the problem of the official Criminal and the presence of the legislative organization of operations related to the transfer of blood and found that the legal basis on which it held This responsibility, the type of punishment that must be inflicted and the extent of its proportionality


Ahmed H.Salman

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 281-308

The most important goal that security men are looking for is to limit crimes and being avoid happened through arresting criminals and get them in prison. criminals and being punished them severely without oppressing their freedom and personal rights. So, the law is written in several ways to attains its proof. The most serious one is the confess which is considered the first evidence, but it is not necessary to get in deep when you judge something even the whole judicial recognitions are found. Because some of these motives are untrue or they might be escaped from another crime to save the real doer from being punished to gain some material and moral benefits or for another reasons. The criminal judge must be assured from the evidence definitely and its conditions comparing with physical and spiritual one, then you can judge and give the sentence according to his emotional conviction. The confess is one of the objective issues that the court is completely responsible for estimating and getting its judgment and person who is accused must be able to be have freely and according to that " the speech of the accused upon another one is not considered as a confess " but as a witness.

Disclosure of the secrets of the job between criminal and disciplinary responsibility (comparative study)

Yasir.M.Abdullah; Kanan.M.Mahmmod

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 2, Pages 1-19

The obligation of the public employee to preserve and keep the secrets of the public service is one of the most important duties and duties of the public employee, in order to relate to the interest of the administration and its general system and to the smooth and steady functioning of the public service. On the one hand, the preservation of the secrets of the job is also a respect for the rights and privacy of individuals. The disclosure of secrets is thus a major problem, because it has implications both for the administration and for individuals.
Accordingly, we considered the division of this research into three questions in the first of it is the meaning of the responsibility and its conditions. The second is where we examined the nature of the secret of the job and the basis of the employee's commitment to it. The third dealt with the punishment that may be imposed on the disciplinary officer as well as criminal.

Treatment of juvenile criminal

Khawla A. Ali

Journal of college of Law for Legal and Political Sciences, 2013, Volume 2, Issue 7, Pages 296-347

That modernity critical stage worthy to be taken into account, because the humanitarian community has realized the importance of sponsorship of the event and provide appropriate conditions for the upbringing upbringing correct, and protect him from all that is threatened by the dangers looming, and comes in this context Maitard his juvenile offender after deviation or risk of delinquency during track and to be checked for the competent judicial authority to try him .
As community must take the necessary measures and precautions to prevent the aggravation of deviation or reached an impasse, as the treatment of conditions deviant event for the first time often much what lead to rooting criminal tendency has to become in the future of adult offenders .
In order to search on the subject (the treatment of juveniles criminally) has been divided into three sections, devoted First research of the concept of the event and in the two requirements, we dealt with in the first definition of the event and in the second we explained the definition of event deviant and event threatened deviation, and we have dedicated the second part of the criminal responsibility for events in Sharia and law which includes two requirements discussed in the first treatment of events in the criminal justice system of Islamic in the second criminal responsibility for events in the law, either the third section was dedicated to the procedures established by law and that the two requirements, stated in the first investigation and prosecution of the events in the second measures applied to the events.
The conclusion will researches what we arrived on it in our research from conclusions and recommendations.