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The Legal and Judicial Framework for Insult in Criminal Law (A Comparative Analytical Study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 22, Volume 16, Issue: 1, March 2026, Pages 546-580 PDF (761.41 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.160275.1526 | ||
| Authors | ||
| Jihad Mohammed Ajeel* ; Hozan Hassan Mohammed | ||
| University of Duhok, College of Law | ||
| Abstract | ||
| Insult is a broad concept that is simultaneously shrouded in ambiguity. It has certain characteristics that help reduce this ambiguity and define its meaning in criminal law. As a result of the broad nature of the concept of insult, it often overlaps with other concepts contained in criminal law. Therefore, we will seek to identify the similarities and differences between it and other similar and sometimes overlapping terms, in order to establish a clear and precise definition of the term. We will also focus on defining the standard used by the judiciary and jurisprudence in describing insulting behavior, by examining relevant judicial rulings and jurisprudential opinions, to arrive at a clear and precise understanding of this term within the criminal context. This study will rely on an analytical approach to penal texts related to defining the concept of insult, and a comparative approach to the laws of various countries that address this crime, such as the Iraqi Penal Code and the laws of Algeria and Jordan, and reference to the judiciary positions of other countries such as Egypt and France. In addition, we will study and discuss the various judicial and jurisprudential opinions related to insult, hoping to establish a specific concept of insult and identify the criteria by which to determine when behavior is considered insulting. | ||
| Keywords | ||
| Insult; criteria for defining insult; honor and reputation; expressive crimes; legal framework for insult | ||
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