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The Crime of Insulting the official and the public official Government institution | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 1, Volume 12, Issue: 2 part 2, December 2022, Pages 1-58 PDF (1.81 M) | ||
| DOI: 10.37651/aujlps.2023.176996 | ||
| Author | ||
| Hamdi Salih Majeed | ||
| Abstract | ||
| The state provides its services and duties toward the people, depending on its employees. They are representing the link between the state and the people. The interaction between them might cause the employees to be suffered and assaulted during their mandate duty, Consequently, it may cause them to be prevented from discharging their responsibilities. Therefore, their job is demanding the protection to carry out and achieve their mandated duty. The author, therefore, dealt with the subject of ‘’The Crime of Insulting of the official and the public official Government institution’’ when they perform their duties as a separate offence as well as a form of a criminal protection to save the official. The point of view of this study is to tackle the different aspects of this crime by considering and determining its material and moral elements. We also dealt by considering the victim as an employee and explaining the legal concept of the employee from the administrative aspect and criminal aspect. Moreover, we have dealt with the meaning of employee and the public service holder, the circumstances of the crime and the penalty which allocated for it. The author, however, has strengthened his research with certain judicial decisions. | ||
| Keywords | ||
| crime; insult; employee; bodies | ||
| References | ||
|
1- The Iraqi Constitution of 1970.
10- The current Kuwaiti Penal Code No. 16 of 1960.
11- Syrian Penal Code No. 48 of 1949.
12- Lebanese Penal Code No. 340 of 1943.
13- The Iraqi Military Penal Code No. 13 of 1940, as amended.
14- Iraqi Customs Law No. 23 of 1984.
2- Law No. 35 of 1977 reforming the legal system.
3- The Ottoman Penal Code for the year 1274 AH.
4- Baghdadi Penal Code of 1919.
5- Iraqi Penal Code No. 111 of 1969.
6- Egyptian Penal Code No. 69 of 1953.
7- The current Libyan Penal Code.
8- The Penal Code of the State of Bahrain No. 15 of 1976.
9- Jordanian Penal Code No. 16 of 1960.
Abd al-Wahhab Mustafa - Rabih Lotfi Gomaa, Reference of Jurisprudence and Judiciary in Public Service Crimes and Crimes Against Public Officials - Cairo.
Aboul Fotouh, Hashim , The General Theory of Aggravating Conditions, 1982.
Ahmad Muhammad Ibrahim, The Penal Code and the most important complementary laws to it, commenting on its texts with explanatory notes, judicial rulings, and the opinions of jurists, vol. 1, vol. 3, 1964.
Al-Attar, Fouad . Administrative Law, 3rd edition, 1976.
Al-Baghal, Sayed Hassan . Aggravating and Extenuating Circumstances in the Penal Code in Jurisprudence and Jurisprudence, 1957.
Al-Baghal, Sayyid Hassan . Encyclopedia of Commentaries on the Penal Code and its Complementary Laws, A Comparative Arab Study, 1st edition, 1965.
Al-Bayat, Salman . Iraqi Criminal Justice, Part Three, Baghdad, 1974.
Al-Bayati, Munir Hami | ||
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