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The crime of making ionizing radiation without a permit in Iraqi legislation "A comparative study" | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 2, Volume 15, Issue 1, June 2024, Pages 15-36 PDF (481.52 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.183556 | ||
| Authors | ||
| Ayat Muhammad Reda Nasser Al-Baaj* 1; Ahmed Hamdallah Ahmed Al-Moussawi2 | ||
| 1College of Law/University of Al-Qadisiyah | ||
| 2كلية القانون/ جامعة القادسية | ||
| Abstract | ||
| This research deals with the crime of making ionizing radiation without a license, and this topic is one of the important topics related to the environment and humans, as the manufacture of ionizing radiation without a license results in harmful effects on individuals and public interests, so the prevention of the danger of ionizing radiation is a must, and the Iraqi legislator has addressed this crime with a special law, the Protection of Ionizing Radiation Law No. (99) of 1980, and it is permissible This topic is the elements of the crime and the appropriateness and adequacy of criminal sanctions for the gravity of the damage and the radiation hazard, and the research ended with results and recommendations. The problem of the research is evident by highlighting the shortcomings in the legal texts related to this crime, and the punishment that was disproportionate to the gravity of the act, which in turn led to confusion in the application of the law on the protection of ionizing radiation. Therefore, research into the crime of making ionizing radiation without a permit raises several questions, the most important of which is: Is the behavior of the offender who makes ionizing radiation positive or negative? Is it a temporary or ongoing behavior? Is it permissible to attempt the crime of manufacturing ionizing radiation without a permit? Is it possible to imagine criminal participation in this crime? We try to answer all these questions in the research. | ||
| Keywords | ||
| ionizing radiation; manufacture; leave; elements of crime | ||
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