Equality in punishment between attempted and completed crime

Obaid, Hussein Karim; Eidan, Mohammed Hamza; Raji, Hussain Ali

doi:10.63677/jqlap.2024.185015

	Equality in punishment between attempted and completed crime
AL-Qadisiya Journal For Law and Political Sciences
Volume 15, Issue: 2 part 2, December 2024, Pages 393-406 PDF (773.03 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2024.185015
Authors
Hussein Karim Obaid^* ¹; Mohammed Hamza Eidan²; Hussain Ali Raji²
¹جامعة القادسية
²جامعة
Abstract
: Many crimes were mentioned in penal legislation, whether in general rules or special laws, for which the punitive provisions and the amount of punishment that the judge imposes on the offender were stated, and texts were stated in the general rules showing the case of attempting these crimes, which means failure to complete the crime for any reason, and it is punished with half the penalty. The prescribed punishment is if the crime is committed. In the subject of our research, the Iraqi legislator established texts that equate the penalty for the attempt and the completed crime, that is, whether the crime is committed or not, the punishment is the same. After clarifying its meaning and explaining the justifications that called on the Iraqi legislator to raise the penalty for the attempt and make it equal to the penalty for the completed crime, we discussed applications regarding this case, which It represents a departure from the general rules in the law on elections for the House of Representatives and the provincial and district councils and what are called electoral crimes, as well as in the law on narcotics and psychotropic substances and what are called drug crimes. We reached several results and also made some recommendations with regard to the two crimes under study.
Keywords
crime; equality; attempt; drugs; elections

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