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The crimes against the rules of exercise of power as one of elements of the social peace | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 8, Issue 3, 2016, Pages 307-357 | ||
| Authors | ||
| A.P.D. Muhamed Ismaaeel Ibrahem; A.Lec.Mohammed musa jassem | ||
| Abstract | ||
| Abstract "There is no doubt that "the" exercise "of" power subject to "a set of rules that" define the principles and means "of" access to the blocked beginning and then the way exercise, which is usually determined "by the" Constitution, "which is" "supposed to" document the general principles that reconcile the people to approve and submit to its provisions, including forms the basis of the social ladder, which the state under the pillars as an agreement between all the individuals who are the people on the corner of participants in terms of public acceptance of diversity of citizenship "and the adoption "of the" system "and in terms "of determining "the" rules of" the exercise of power". Iraqi Constitution of 2005 has identified rules" the exercise of powe"r in "terms "of the" adoption of the peaceful transfer principle or operate on the principle of" separation of powers" and" submit to "the principle of" sovereignty "of the law as well as" a report that "the" power source people exercise by the public secret ballot is the basis for legitimacy, which means that out on these principles lose this legitimacy practice and makes those who do so under pain of punishment, which is decided by the legislature penal Iraqi, whether in the Penal Code Such as the criminalization example initiate in the heart of the regime or to change the constitution by force or violence (Article 190 penalties) or insurrection against the powers that the Constitution (Article 192 penalties) or criminalization disable implementation of the Government orders (Article 193 penalties) or vandalism or destruction of, or damage, or damage to property and facilities and public funds with a view to overthrow the government (Article 197 penalties) or incitement to overthrow the regime established in Iraq or hatred or contempt (Article 200 / 2 penalties), or in many of the legislation and that criminalized criminalize any act that "involves the use of force" or violence to overthrow the government or the form "of the" state established in the Constitution or attempt to provoke an armed rebellion against the existing constitutional authorities, as stipulated in Article 2 of the terrorism Act Iraqi, and also in the criminalization of publication in print League is considered incitement to breach of internal and external security of the State or the instigation to commit crimes or disobeying laws or underestimate the prestige of the state, which has been criminalized in articles 9 and 16 of the Publications Act Iraqi No. 206 of 1968 amended . As well as the criminalization of committing acts are designed to destabilize democratic processes or institutions, government corruption and crimes of which the contents of" the article 18 of the Law of the" Central Criminal "Court" of Iraq, "the" problem is dissolved under the Coalition Provisional Authority No. 13 for the year 2004. As well as what is stated in "the" criminalization of interference in the freedom of a general election or warping or rigged in favor of an individual or group which has decided to criminalize articles 1 and 2 of punish the conspirators law on the safety of the nation and spoilers regime No. 7 of 1958 amended, which also indicated his Article 14 of the Law High Criminal Court No. 10 for the year 2005 based on this law, or otherwise, which was his statement during "the" search, though it requires a reconsideration of the whole acts that "the" rules of the exercise "of" power and the development of "legislative" system suit "and" constitutional principles that are enshrined in the constitution in force and has also been a statement each the recommendations | ||
| Keywords | ||
| crimes; against; Exercise; power; elements of the social peace | ||
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