السياسة الجزائية في قانون تجريم التطبيع مع الكيان الصهيوني رقم 1 لسنة 2022 " دراسة مقارنة "
| dc.contributor.author | حسين علي حسين جلود | |
| dc.contributor.editor | أ.د ناصر كريمش خضر الجوراني | |
| dc.date.accessioned | 2025-03-02T07:01:08Z | |
| dc.date.available | 2025-03-02T07:01:08Z | |
| dc.date.issued | 2025-02-09 | |
| dc.description.abstract | The Iraqi Penal Code No. 111 of 1969, as amended and in force, criminalizes the promotion and advocacy of Zionist and Masonic principles, as well as membership in any of their organizations, assisting them, and working in any way to achieve their objectives, as stated in Article (201). This law follows a series of previous penal laws and other legislations that contained provisions criminalizing the promotion of Zionist principles and punishing specific types of engagement with them. All of this is in line with the penal policy adopted by the Iraqi legislator, aimed at safeguarding the internal security of the state, preserving the national feeling of the Iraqi people, and upholding its core national principles. This policy reflects Iraq's belief in the right of the Palestinian people to their land and its condemnation of the crimes of the Zionist regime . In light of the regional changes and developments, and given the spread of the phenomenon of normalization and the establishment of relations with the Zionist regime in the region, and based on the inadequacy of the amended and in-force Penal Code in addressing this phenomenon, and in recognition of the steadfastness of the legal and political system in Iraq in maintaining its stance against anything that could support the Zionist regime or normalize relations with it, the Iraqi legislator, in line with the prevailing penal policy, enacted a law aimed at preventing normalization and prohibiting the establishment of relations with the Zionist regime . This law criminalizes a range of actions that are seen as likely to lead to such normalization, in order to protect the interests considered vital by society. This law is the Anti-Normalization Law with the Zionist Regime No. 1 of 2022, currently in force. The novelty of the law, the seriousness of the criminal phenomenon it addresses, and its inclusion of a range of actions previously unfamiliar to Iraq's penal policy as crimes, have contributed to the importance of studying the penal policy in this law. This is particularly true after the problem of the study became clear, especially regarding the nature of the penal policy in the Anti-Normalization Law with the Zionist Regime , its characteristics, foundation, objectives, and scope. The necessity that prompted the legislator to enact this law, the additions it introduced, the actions it criminalized, the rationale behind their criminalization, and the legal model it established are all crucial aspects that need thorough examination. The study aimed to answer the aforementioned questions, attempting to resolve its issues. It framed its scope by focusing on the study of the criminalization and punishment policies, specifically comparing the legislation of the Lebanese Republic and the Islamic Republic of Iran. The study employed a comparative legal analytical approach, which benefited the research by analyzing the provisions of the law under study, comparing and critiquing them, drawing conclusions, and proposing solutions. The study is divided into two chapters. The first chapter addresses the conceptual framework of the penal policy concerning the criminalization of normalization with the Zionist regime . It consists of two sections: the first defines the policy both linguistically and terminologically, establishes its foundations, outlines its objectives, and specifies its scope. The second chapter examines the legislative framework for criminalizing normalization with the Zionist regime . It investigates the policies of criminalization and punishment in the law under study, divided into three sections. The first and second sections analyze the actions criminalized by the Iraqi legislator, including: traveling to the Zionist regime , visiting its embassies or institutions, contacting any of them, providing assistance to it, accepting assistance from it, establishing relations, normalization, espionage, promoting it or any Zionist or Masonic ideas or principles, and affiliating with any of its institutions. For each action, the study determines the basis and rationale for its criminalization, as well as its legal model in terms of material and moral elements. The third section discusses the policy of punishment, detailing the legislator's approach in determining the principal and subsidiary penalties in the law under study and assessing their severity. In conclusion, the study reached several findings, including: Scope of the Law: The law under study limits its applicability to Iraqis only, excluding foreigners. Liability of Public Legal Entities: The law holds public legal entities, such as state authorities and their federal, regional, and local institutions, criminally responsible, whereas the amended and in-force Penal Code did not assign such responsibility to them. Unique Criminalization by the Iraqi Legislator: The Iraqi legislator uniquely criminalized a set of actions not found in the legislation of comparable countries, imposing severe penalties for them. Introduction of New Crimes: The legislator criminalized actions previously unfamiliar to Iraq's penal legislation, reflecting an evolution in the legal framework to address emerging challenges. Mental Element in Crimes: The legislator established that all crimes specified in the law are based solely on general criminal intent, except for the crime of normalization with the Zionist regime , which requires a specific intent to establish a relationship with it. These findings highlight the Iraqi legislator's approach to combating normalization with the Zionist regime , emphasizing the protection of national, Islamic, and humanitarian principles in Iraq. In conclusion, the study presented several recommendations, the most important of which are: Amending the Law's Title: Renaming the law to encompass all the crimes it addresses, rather than focusing solely on "normalization." Repealing and Amending Certain Provisions: Eliminating some articles and modifying others to enhance clarity and effectiveness. Extending Criminal Liability to Foreign Nationals: Holding foreign individuals criminally responsible if they commit any of the offenses specified in the law within Iraq. Reclassifying Crimes: Recommending that the legislator designates the offenses outlined in the law as specific intent crimes, due to the possibility that some actions might occur without infringing upon the protected interests, thereby preventing punishment of individuals who do not possess the general criminal intent. Encouraging Legislative Action in Lebanon and Iran: Urging Lebanese and Iranian lawmakers to address legislative gaps by criminalizing certain actions related to normalization. Advocating for Arab States: Encouraging Arab countries to enact penal laws that criminalize normalization with the Zionist regime. These recommendations aim to strengthen legal frameworks and promote a unified stance against normalization with the Zionist regime across the Arab world. | |
| dc.identifier.uri | https://dspace.utq.edu.iq/handle/123456789/897 | |
| dc.title | السياسة الجزائية في قانون تجريم التطبيع مع الكيان الصهيوني رقم 1 لسنة 2022 " دراسة مقارنة " | |
| dc.type | text::thesis::master thesis | |
| oairecerif.author.affiliation | كلية القانون / ماجستير قانون عام | |
| oairecerif.editor.affiliation | جامعة ذي قار / كلية القانون / القانون العام |