Legal adaptation of theft motivated by hunger - a comparative study -

Obaid, Hussein Karim; Ibrahim, Muhammad Ismail

doi:10.37651/aujlps.2024.148749.1235

	Legal adaptation of theft motivated by hunger - a comparative study -
Journal of Anbar University for Law and Political Sciences
Volume 14, Issue: 2 part 1, September 2024, Pages 179-196 PDF (655.11 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2024.148749.1235
Authors
Hussein Karim Obaid^* ¹; Muhammad Ismail Ibrahim²
¹Al-Qadisiyah University / College of Law
²University of Babylon / College of Law
Abstract
Theft is a crime punishable in all legislation, whether in Iraqi legislation or other comparative legislation. There is no dispute about that, but theft can occur and the perpetrator is forced to steal. These cases can be governed by several legal systems or rules. Necessities permit prohibitions or other rules. Theft is motivated by From hunger, the perpetrator is forced to commit such an act that is contrary to human nature, but when the person who steals is facing danger, that danger may lead to his death, or there may be another person with him facing the danger of death, so he saves him by stealing food or drink and offering it to him or himself in order to Eliminating the danger that might lead to his life, we are here faced with an act for which a person is not accountable under the law, which is the crime of theft due to hunger. There have always been decisions from the Iraqi courts or in comparative legislation, such as the Italian legislation, which Article (54) of its penal code stipulates that a person is not criminally accountable. He committed an act under necessity, and the basis of the principle of necessity is found in Iraqi law from the text of Article (63) of the Iraqi Penal Code No. 111 of 1969 and Article (54) of the Italian Penal Code
Keywords
theft; hunger; motive; necessity

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