Open AccessPolitical Science and International Relations Department, Faculty of Law, Political Science and Management, SoranUniversity
Author(s) -
Aoumid Saeed Khudhur,
Saman Abdulla Aziz
Publication year - 2021
Publication title -
twejêr
Language(s) - English
Resource type - Journals
eISSN - 2617-0752
pISSN - 2617-0744
DOI - 10.31918/twejer.2141.19
Subject(s) - legislator , legislation , politics , state (computer science) , political science , punishment (psychology) , law , exploit , criminal law , service (business) , criminal code , order (exchange) , business , criminology , psychology , computer security , computer science , social psychology , finance , algorithm , marketing
The research topic is based on the role of the job description in the current Iraqi Penal Code as an aggravating circumstance in the crime, and the legislator regulated it through the two cases: The first case: The perpetrator is an employee or entrusted with a public service in some crimes such as moral crimes, theft ... etc. The Iraqi legislator has tightened the penalty for these crimes when they are committed by those with a functional capacity, on the condition that they use their functional powers to carry out the crime, or that they exploit their position and job confidence in committing the crime. The second case: which is the fact that the victim is an employee or entrusted with a public service , such as crimes of assault, such as murder, abuse ... etc. In this case, the Iraqi legislator and some comparative legislation have tightened the punishment for these crimes when they occur on those with a functional capacity during or because of the performance of the job, and this is in order to provide adequate criminal protection for them to enable them to perform their job duties in the best way and away from fear, because they are exercising the job in the name of the state. The state must provide them with adequate protection.