Journal of college of Law for Legal and Political Sciences

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.

Search Summary

The search marked (the rights of minorities and their impact on the organization of society in terms of legitimacy and the role of the Arab League where) (Analytical Field Study of the Republic of Iraq in application) highlights the importance of and need for attention to minorities, like other components of society and mind of indigenous citizens and without distinguish them from others and save the necessary interests that is God Almighty sponsored and conservation, and enjoined penalties for each of the assault them or harms them, it was not only for the benefit of which is to bring benefit and ward off evil and be an important way to organize society in maintaining security and stability, peaceful coexistence and prevent chaos and corruption which, as highlights also noted that the reason for the existence of discord and conflict and chaos and lack of security and peace in some countries and cities stability is the feeling of some of the components of the society of injustice and the damage caused to them and do not save their rights and interests, and there is of their supporters and preserve their interests, which pushes them to form an opposition to the authority that are unique to its decisions and act groups dictatorship without taking into account the interests of society with justice and charity components, and that's what alerted the Almighty God by saying {God enjoins justice and kindness, and kinsfolk, and forbids indecency and evil and oppression admonishes you may recall} Bees 90, also highlights the weakness of the guidance and direction of the Arab League in the delivery of its mission wise Save the rights of all people without discrimination, some on the other; because the force of power and permanence in the cohesion of its members, unity and cooperation and keeping the necessary interests, as in the search signal to cause the collapse of some of the authorities is not to enable them to meet their people requirements and save their rights, and what happened in Iraq in 2003 for this reason it was the beginning of what has happened in the rest of the Arab countries, and has become the Arab states lose their power and prestige slowly so that you do not face the real enemy, the situation is internal as the heart of human beings if Magistrate Magistrate put the country in all aspects: economic, social, political, security and others, and if you mess up mess all, as the Apostle says Mohammed (peace be upon him) (in the flesh, but the quid rejected the peace if the whole body if corrupt the whole body, namely the heart) (1)

Conclusion

The right to supply maintenance of the most important rights that Santha divine laws and ordinances in order to being a natural feeling exists in every human being, a sense of modesty, as it is the crime of rape of the most Display crimes seriousness and the gravity, so it is necessary to take the means to effective ways to prevent them.

Abstract

Iraqi state is considered under Article I of the Constitution of 2005, a federal state, and under the Constitution itself the Iraqi federal legislative power shall consist of two chambers, called the first of the Council House of Representatives name and represents a turn of the Iraqi people and the various classes, and called the second Council Federation Council, which in turn represents the regions and governorates that are not organized in a region, and is different from the two chambers under the rules of the Iraqi Constitution in terms of how the composition and terms of reference prescribed each, texts contained in the Iraqi constitution may between how to configure the House of Representatives and select the terms of reference and clearly, while leaving all matters relating to the Federation Council in terms of how the organization and terms of reference for the House of Representatives for the latter to organize the Federation Council through the enactment of a law to that issue two-thirds of the members of the House of Representatives with the consent of, this is compared to the constitutions federal states the US such as the constitution and the German and French violation of explicit and clear the basic constitutional principles, because the issue of the organization of the Federal Council and determine the terms of reference is one of the issues under the framework of constitutional terms of reference do not fall within the terms of reference of the House of Representatives. We were referred through this study to the obstacles that stand in the formation of the Iraqi Federation Council barrier.

Conclusion

Find evidence of criminal has become a very complex issue in front of the evolution of criminal methods used by the offender in the implementation of his crime,the latter wich deeply exploit modern technology ,wich has become a double-edged sword ,on the one hand has contributed to the detction of crime,on the other hand are the same as that put in the hands of professionals criminality advanced methods to be used in the commission of the most serious crimes and hidden ,so it came to be the offender defies intelligence and superiority until the legislature and the judiciary.
Hence ,it seemed necessary to keep pace with this development award of acriminal policy based on SC scientific progress in all fields, especially including the field of forensic medicine, which showed judicial practices to achieve the results of a high degree of trust and importance in the field of criminal investigation made him a way to prove acceptable to the court sings the judg about the need for mental process that seeks it down to the truth ,and thus gave him a chance to activate its role in the search for evidence of criminal ,throgh the use of physicians immigrants in order to obtain forensic evidence that became controls the fate of the public action and thus the fate of the accused the forensic aspire always to search for scientific truth and present it to the judiciary to enlighten him to walk in the public action aimed at the application of sanctions measures of scurity to the shareholders in the commission of the crime ,based on the evidence or sings fixed settle in the conscience of the judge after the scrutiny and beats the balance of right and law.