Keywords : demonstrations illegal


Criminal responsibility protesters for demonstrations illegal ( A comparative study )

Nozad.A.Yaseen ALShowany

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 14 part 1, Pages 1-71

Abstract

We discussed this one deals with important topics, but is Ahh phenomena that ran the occupants of the owners of the national and international public opinion, as represented in (Criminal liability of protesters in demonstrations illegal)
Although the freedom of expression and to express an opinion at the man as an individual in the community are two of the necessities to survive and continue, and that the right of the individual within the community in expressing an opinion and express his positions intellectual, political and religious beliefs, is one of the legitimate rights and this Machar him national legislation and also international conventions and instruments, This whole away from the sow chaos and the protection of public and private interests of the damage and taking into account the principles and rules pertaining to rights and freedoms, and here highlights the importance of the subject when it is the right of peaceful assembly and of the means that lead to the activation of the role of peoples to participate in political life, and not to commit some of them crimes against each other or against the men in power or against public or private property, which have their criminal and civil liability as a result has been abuse of the right to demonstrate peacefully, and that is one of the most dangerous means, however, from purports to be tampered with, as well as of trying to use violence and damage to others or obstruct traffic or destruction of public or private institutions, which are image disgraceful and illegal, will lead inevitably to the exposure of public order and public morals at risk, so is this right important and very handy dangerous at the same time, as it is in order to address how to regulate the right to demonstrate peacefully away from the use of violence or force excessive during the demonstration, especially that the Iraqi legislator now in the preparation of a draft law concerning the right to freedom of peaceful demonstration phase, the absence of law is concerned with this, and that the punishment for these criminals is based on the punitive provisions in the Penal Code, as is the research problem that also is problematic Search How to distinguish between the right to peaceful protest is aimed at improving the situation and the demonstration as a means to destroy society and to object to any decision or action and that this was the decision or act based on the Constitution and the law.
There is an important need to be addressed to him because of the problems of research, namely subordination of the right to freedom of peaceful assembly when organizing certain structured based on the reasonable demands, but sometimes based on considerations of opposition political reasons, which have the power to stop him and this leads to the suppression of peoples , because many countries do not recognize opponents politicians, that repression which turns into boiling may end up to take down the ruling from his throne to the abyss, and this is what actually happened in Tunisia, Egypt, Libya, Yemen and other countries.
The lack of activation of guarantees, whether legal or political or international is also problematic from the search, the right to own this many and sufficient safeguards to repel attacks by those who wish to smear despite the fact that many of those guarantees is disabled for many reasons.
As for the research methodology it will adopt the approach comparative study in order to identify legislative deficiencies that afflict the laws regulating the public meeting and demonstrations in order to avoid them, and the adoption of the analytical methodology, through analysis of laws legal analysis to reach the desired results.
As for the research plan Fsnksm research into two sections;'re looking at first what the demonstrations, and in the two demands go into research in the first to the concept of the demonstrations, and in the second we address the kinds of demonstrations and distinguish them from the likewise all; the second part, knocking them to the criminal responsibility of demonstrators for the violation of freedom of demonstration bases, In the two demands, as we take a first look at the legal basis for the criminal responsibility of the protesters, while in the second we address the criminal responsibility of the demonstrators in penal laws and we finished our research this Balkhatmh which will contain the most important conclusions and proposals that we have reached.