Keywords : penal code


THE EFFECT OF THE RELATION BETWEEN THE OFFENDER AND VICTIM ON MITIGATION OF THE SENTENCE(Quoted)

Hozan H.Mohammed

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 1-24

Crimes do not committed always in plain situation, but it might be committed in circumstances that reveal the dangerousness of the perpetrator and the graveness of the crime. Such circumstances ought to be considered in assessing the sentences for the criminals in order to make the punishment appropriate to the crime in the way where is committed. Among these important circumstance is the special relation between the criminal and its victim. This relation might be family bond that is protected in most penal code due to the importance of the family as a main unit in society structures. The family relation might impact the sentences in a way to aggravate it because it discloses the seriousness of the criminal, on the other hand the same relation might be the reason to mitigate the sentences of the criminal when the family relation reveal that the motive does not infer any dangerousness but the disturbed sole. The family relation that bond between the criminal and the victim is very important for the legislators in assessing the criminal liability of the perpetrators and in determining the sentences of their crimes, in order to provide the protection for such relations and ensure the security of the people. In this paper I will discuss the nature of the family relation between the criminal and victim and its impact on the sentences of the crime that were committed against victim who are bond with the criminals with family relation.

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

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.