The penal policy of the Iraqi legislator towards the contributor to the crime (Comparative Study)

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Published: Jul 14, 2024
Keywords:
criminal policy، contribution، partner، penalties

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Ali Hilo Ali AL Zubaidi
mohammed Ali Haji Dah Abadi

Abstract

Our penal legislator has taken legal equality in punishment between the perpetrator and the accomplice as a general principle. The responsibility of the accomplice in the crime is no less serious than the responsibility of the perpetrator، as the provisions of Article (50/Paragraph 1) of the Iraqi Penal Code stipulate that “everyone who contributes as perpetrator or “An accomplice in committing a crime shall be punished with the penalty prescribed for it unless the law stipulates otherwise.” On the basis of this text، the legislator determined the general rule in determining the penalty for shareholders، which is based on the fact that the assisting partner is subject to the same penalty as the perpetrator for the crime committed by him. It is also noted that our legislator Equality was established in a certain type of crime، which is terrorist crimes، whether the contributor is an actor or an accomplice، regardless of whether the participation was prior or contemporaneous with the commission of the crime. The judge is obligated to apply the text specific to the crime in the event of an accomplice participating with the perpetrator، and the provision it includes regarding punishment، where both limits are applied. The highest and lowest punishment، and if it includes preventive measures، then both of them impose those measures on him as long as they are subject to the same text، that is، the partner is punished with the same punishment as the perpetrator for the same crime، and part of the jurisprudence holds that punishing the accomplice with the same punishment as the perpetrator does not mean that they are equal in punishment، as equality in punishment is not what is meant by it. The punishment for the accomplice is equal to the punishment for the perpetrator. Rather، what is meant by this rule is for the accomplice to be subjected to the punishment stipulated in the article applicable to the perpetrator’s act. If the crime was a minor theft، the penalty shall not exceed five years’ imprisonment to which both the perpetrator and the accomplice are subject alike

Article Details

How to Cite
Hilo Ali AL Zubaidi ع., & Ali Haji Dah Abadi م. (2024). The penal policy of the Iraqi legislator towards the contributor to the crime (Comparative Study). MIsan Journal of Comparative Legal Studies, 1(10), 566–593. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/317
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Vol. 1 No. 10 (2024): Misan Journal for Comparative Legal Studies
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Articles

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E.A.Makttoof , Kassim J.K , K.H (2020). Distribution of different forms of phosphorus in calcareous soils from middle and south of Iraq . Al-Qadisiyah Journal For Agriculture Sciences,10, 1, 2020, 293-303.

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