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The policy of criminalization in private criminal laws

The policy of criminalization in private criminal laws focuses primarily on acts that violate social order, which constitute an attack on interests deserving of criminal protection. This policy is distinguished by its own nature, which stems from the nature of criminalization in these laws, In addition to the law issued by the legislative authority, there are certain cases in which the executive authority has the authority to issue regulations and instructions that are the source of criminalization and punishment in these laws, This policy in private criminal law is based on the criminalization criteria in these laws. The criminal legislator takes the criminality of the nature of the interest, which is often of a changing nature, and the nature of the risk of certain crimes to the interests that the legislator has protected to protect them from criminalization.

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Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
The policy of criminalization and punishment in the labor law

The labor code is one of the laws that contain special criminal provisions, in which the legislator adopted a special penal policy in view of the nature of the protected interest or in view of those who addressed its provisions. We stipulated a series of labor crimes and arranged criminal penalties for them. The most important of these crimes is the description of misdemeanors or offenses. The penalty is either imprisonment or fine. it is noted that the Iraqi labor code no. (37 ) of 2015 did not adopt a general theory of criminalization and punishment ,but its penal provisions were scattered in the folds of the law .the criminalization of most of its provisions did not meet with the penalty law Iraqi penalties no(111)of 1969 ( which stip

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
Possibilities of internationalizing the penal policy in the field of criminalization

       The penal policy has an essential role in guiding the legislator to determine the interests worthy of penal protection. which are numerous and varied according to the circumstances and needs of each society, and that determining those interests within the community is closely related to the culture of that society and its political, economic and social systems, and given the diversity of societies in their culture and systems, so they vary -Generally- its penal policies accordingly. But this does not preclude the existence of common criminalization shared by all the legislations of the countries of the world. and which agree to criminalize all religions and human beliefs and international covenants, w

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Publication Date
Mon Apr 01 2019
Journal Name
Journal Of Legal Sciences
Criminal policy in the domain of freezing terrorist funds and its role in addressing crime

It emerged as the issue of counter - terrorism recently on international levels and internal as a result of the increase in terrorist acts and committed in various countries، resulting in loss of lives and money so concerned with countries in this issue and the need to combat and eliminate the negative destructive effects that have become affect the prestige and integrity of States and stability.

 As a result followed criminal legislation at the international and domestic incriminatory policy may be varied somewhat in order to confront terrorist crimes by criminalizing certain acts that constitute the crime of terrorist At the international level ، several global and regional international conventions held to combat this p

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Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
Criminal mediation as an alternative to the criminal case in Iraqi legislation

Criminal mediation is one of the new means that seeks to resolve criminal disputes away from the traditional procedures of criminal cases and outside the court, but under his supervision and supervision, the mediation process is based on the consensual idea of ​​ending the conflict as it gives both the offender and the victim a role in resolving the next conflict between them Outside the judiciary, with the intervention of a third party from the third party (the mediator), who has the main role in the success of the mediation process, and the mediator is obligated to inform the judicial authority of the results of the mediation, and then the judicial authority later has discretion in the return report, otherwise You will either go th

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The UAE Federal Legislator's Contemporary Criminal Policy Against Adultery Crimes: An Analytical Study

In this research, we addressed the modern criminal policy of the UAE legislator in the face of adultery, in accordance with the most recent amendments under Decree No. 31 of 2021 on crimes and penalties, in which the federal legislator adopted a modern criminal policy in an attempt to balance the protection of the public freedom of individuals, including sexual freedom, with the protection of family ties, by criminalizing the adultery of the husband or wife or those under the mandate to describe the position of the female with her consent under the text of article 409 of the aforementioned law. The male, and what confirms to us this is the adoption of the narrow concept of the position, so that the site is limited to the natural penetrat

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Possession of Unlicensed Weapons in Comparative Laws

The crime of possessing unlicensed weapons is considered a very dangerous crime for individuals and the entire state system، and possession of unlicensed weapons is the backbone of the existence of organized crime in society، given the serious consequences of this crime when used، which are loss of life and bodily injury to individuals، as well as On the psychological effects of fear، insecurity and loss of confidence in the security services. The study dealt with possession in criminal jurisprudence as well as in civil jurisprudence، and the definition of weapons and their types was also addressed، and we noticed through the research that sound and light weapons، unusable weapons and weapon parts are not considered a firearm and

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Publication Date
Thu Jan 10 2019
Journal Name
Journal Of The College Of Education For Women
The provisions of the autistic in criminal penalties

  Thankfully Thank meets the grace and pushes us Blaneh and a curse, peace and blessings be upon the Prophet after him, and his family and companions, and after:

    This research deals with the subject of the provisions of the autistic in criminal penalties, one of the important issues, especially after the spread in abundance in our contemporary society, as the patient is characterized by autism in most of spaces of isolation and depression and aggressive behavior, and in some cases try autistic to commit suicide as a result of going through the psychological pressure , was this research to clarify what follows autistic criminal penalties as a result of the capital crime of self or without them, and the stat

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Legal Nature of the Central Criminal Court

In this paper, we discussed the legal nature of the Central Criminal Court with two demands: the first relates to the legal basis of the Central Criminal Court, and the second is related to the criminal justice system.

          With regard to the first demand, we have highlighted the stage after the change of the political system in Iraq in 2003 and the subsequent assumption of the US Governor for Civil Administration Affairs in the country and the issuance of a number of resolutions, including what we discussed in the first section (the first legislation No. 13 of 2003 ), Which included twenty-three sections, some showing how the Central Court was formed and the most important rules

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Publication Date
Sat Jul 31 2021
Journal Name
Journal Of Legal Sciences
Suicide attempt between criminalization and legalization: A comparative study

Hardly a day passes without hearing the news of a person’s suicide here or there, as if life no longer has value for a person, and this fact is what prompted the World Health Organization to sound the alarm, after it found that suicide had become widespread in the world and published its report Under the title (Suicide Prevention - A Global Necessity), and announced the need to take care of mental Health as part of public health, because what psychological human crises are exposed to may lead to suicide.

      A quick look at the position of the various legislations on suicide, we find there is a great difference, some legislations recognize the human right to death, while other legislation punishes the

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Publication Date
Sat Jul 31 2021
Journal Name
Journal Of Legal Sciences
Fighting the Information Forgery Crime in the Light of the Comparative Laws

Legislation may be often not enough for protecting information, and regulatory strategies are insufficient as well. Technical means are not also sufficient in preventing risks threating information whatever their effectiveness is. Thus, the protection is a complex structure consisting of law, regulation strategy and technology. The increasing use of and reliance on computer information systems has highlighted the need for good information system management. Legislative control can have a positive effect on this system by providing deterrence and increasing the public awareness of users about the problem.

Consequently, it is required looking for legislative means at the time in which the fight is more effective against this kind o

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