Keywords : Crime


Judicial oversight of the proportionality between crime and disciplinary punishment

Mustafa Rasull Husain; Rezan Saeid hama Sharif

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 506-531

Proportionality in the field of disciplinary punishment means a restriction of the freedom of the disciplinary authority to impose punishment. The penalty shall be unlawful if it exceeds the reasonable limit, and the administration must impose the penalty in proportion to the act committed in violation of the law by the public servant. And the discipline of the public servant is one of the important matters in the field of civil service, as it is an effective way to prevent the employee from being negligent in performing his work and putting an end to the mistakes committed by him. Chief among them is judicial oversight. The principle of proportionality is considered one of the general legal principles, the administrative judiciary monitors the behavior of the administration when it imposes a disciplinary penalty and the extent to which the proportionality between the act committed and the imposed penalty is achieved. This oversight is considered an important guarantee of the guarantees established for the public employee, and it is one of the necessary principles to achieve the principle of legality that requires respect for the law. The administrative judiciary abolished the penalty because it was not commensurate with the act committed by the employee.

PROVISIONS OF THE CRIME OF BRIBERY IN THE PRIVATE SECTOR (A COMPARATIVE STUDY)

Walid Badr Najm Al Rashidi

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 26-55

After the expansion of the private sector’s circle of work in economic life and the state’s trend towards the policy of economic privatization, the private sector has become an indispensable partner in building societies. And in order to avoid the transfer of the crime of bribery to the sector, we have to face it with this our research and knowing of the ability of application of bribery and general provisions contained in The Iraqi Penal Code No. 111 of 1969 amended on the private sector. And the international legislator has emphasized treating the crime of bribery in the private sector, which was confirmed by the 2003 United Nations Convention for anti-corruption , which Iraq ratified in 2007, as well as the Arab Convention for anti-corruption of 2010, which entered into force in 2013, with the offer that Iraq has not amended its penal law in accordance with the provisions of this convention despite the material of a crime Bribery and the consequent intent to exploit profession or the craft. And service or work in the private sector are not much different from the provisions of liability for the crime of bribery in the public sector.

THE CRIME OF ASSAULT ON THE RIGHT TO THE IMAGE BY CAPTURING, RECORDING, OR TRANSFERRING THE IMAGE(Quoted)

Talal Abdul Hussain; Isra Younes Hadi

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 457-493

The image of a person represents the apparent form of his soul inherent in his body, as it is a reflection of his physical and moral personality, so if any assault on it is considered an assault on the privacy of a person and his private life, and thus problems arise related to the assault on the image of the person, that is, the attack on the right to the image, and accordingly The criminal legislation criminalized the violation of the right to the photo and arranged a criminal penalty for anyone who took, registered, or transferred the personal photo and published it.The right to photograph allows a person to prevent others from drawing or photographing him in any way without explicit or implicit permission, and then he has the right to object to the publication of his image by any means. Accordingly, we will divide our discussion into two requirements. In the first, we dealt with the elements of the crime of capturing, recording or transmitting images. As for the second request, we dealt with the punishment for this crime.

THE CRIME OF REPEATED VOTING IN ELECTORAL LEGISLATIONS

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.

THE UNITED NATIONS’ MECHANISMS TO CONFRONT AND DETER THE GENOCIDE OF MINORITIES

Hussein A. Issa; Lajan M. Othman

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 1, Pages 198-226

Notwithstanding the efforts exerted by the United Nations to confront genocide of minorities, which culminated in the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide on 9 December 1948, and the establishment of a number of interim international criminal tribunals, as well as the International Criminal Court, which had a prominent role in opposing and detaining its perpetrators, the crime is still being perpetrated in different parts of the world. The United Nations has therefore resorted to a number of other mechanisms to address this crime, most notably endorsing Responsibility to Protect (R2P) commitment, founding the United Nations Office on Genocide Prevention, the protection of civilians and international cooperation.In order to investigate these mechanisms, this study consists of sections to deal with each mechanism individually. Finally, the study ends up with a set of conclusions drawn from the research.Key words: the United Nations, genocide, crime, human rights, international.

THE EFFECT OF LEGAL EXCUSES ON PUNISHMENT (A COMPARATIVE LEGAL STUDY)

Hamdad M. Al-Marzani

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 111-161

The law aims at all times and places to achieve justice, because the existence of the law without achieving justice is useless, and on the contrary, justice is not achieved without the issuance of an appropriate law from the legislative authority, and also in the case of committing the crime and imposing the punishment on the perpetrator, the judge must note the personal circumstances of the offender that are In terms of the psychological, biological and social formation, and thus the punishment is appropriate to the condition of the perpetrator at the time and after the commission of the crime on the one hand, and proportionate to the objective circumstances of the crime, which are represented in the method of committing the crime and the means used in its commission, and the punishment is parallel to the harm suffered by the victim and his family with the harm caused Society has been affected to the extent necessary, and the motivation for committing the crime must be noted, and it all revolves around the effect of legal excuses on punishment

CRIME AND PUNISHMENT IN INTERNATIONAL CRIMINAL JUDICIARY

Zuhair E. Aljadiry

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 2, Pages 237-258

Between fighting international crime and the pressures of international political influences, the International Criminal Court has been struggling since its foundation to conform between applying international law against perpetrators and trying to avoid pressure exerted on it by the countries of political influence in the world. The objective of international judiciary is to fight international crimes of extreme impact on humans, like genocides, crimes against humanity, occupation and settlement crimes and aggression crimes, which are serious crimes. But the obstacles placed against it by the International Security Council of which its members rely in their actions to their countries political and economic interests. Where such obstacles limit the Court's function in trying to achieve justice in the world, where aggression crimes cannot be looked into by the International Criminal Court before being referred to it by the International Security Council, which is one of the main obstacles placed against it.

THE ROLE OF CRIMINAL LAW IN REDUCING THE NEGATIVE EFFECTS OF CORONA PANDEMIC

Bara M. Abdul Latif; Nawras R. Taha

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الاول, Pages 153-166

In order to reduce the spread of the Corona virus and to minimize the negative effects of it, the role of penal law must be activated against those who transmit HIV infection. In addition, the means of intimidation must be activated for those who violate orders or instructions at times. The study highlights the fact that, in the case of the United States, the United States is not the only country that is not a country that is not the only country to be able to do so The crime of intentionally spreading the virus of Corona and the crime of mistake in spreading the virus of Corona. It also violates preventive legal measures to reduce the epidemic.

THE SUBSTANTIVE PROVISIONS OF THE CRIME OF REFRAINING FROM NEWS OF INFECTION WITH CORONAVIRUS "COMPARATIVE STUDY"

Ali H. Jabr Ali H. Jabr; Hadeel H.Hamza

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الثانی, Pages 85-96

On the eve of the month of January of the year 2019, the international news agencies are no longer a virus Corona that covered all of its news activities, and the World Health Organization mocked its efforts to confront this epidemic and that interest comes as it has become a stalled reason for the economic activities of the economy and global capital with the risk to health Man and his presence in all parts of the world, and from here there is no reason to doubt the seriousness of this infection, especially as it is transmitted without restrictions between individuals, and from here the World Health Organization started its procedures through various countries of the world, including both preventive and curative, and an attempt to The health reality of late and developed countries alike also plagued, and because the People's Republic of China is home to the emergence of the first virus and because Iraq is also affected by it, we decided to compare the legislation of the two countries about studying the substantive provisions of the crime of refraining from news of infection with coronavirus, which will be dealt with In two paragraphs, the first is devoted to the definition of corona virus, and the second is for the provisions of the crime of refraining from reporting infection with corona virus.