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Conflict Between Substantive Criminal Law Texts (A Comparative Study) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 2, Volume 17, Issue: 1 part 2, June 2026, Pages 27-70 | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.167326.1498 | ||
| Author | ||
| Muntadhar Faisal Kadhim Matar* | ||
| University of Shatra - Department of Legal Affairs | ||
| Abstract | ||
| The conflict of substantive criminal legal texts refers to a situation where two texts apply to the same incident, such that each leads to a different legal outcome. This conflict implies a lack of harmony between two criminal texts, making reconciliation impossible due to the clear discrepancy in their content, despite the apparent clarity of each text when considered individually. The conflict of substantive criminal legal texts may sometimes be confused with other cases such as conflict, contradiction, and equivalence between criminal texts. The conflict situation has a specific scope and circumstances that require verification of whether it has occurred or not. The conflict between substantive penal texts is divided into three types: the first is the conflict between the general text and the specific text, the second is between the absolute text and the restricted text, and the third is between the wording of the text and its meaning. The conflict of substantive criminal legal texts is based on elements that are part of its nature, and it requires the availability of certain conditions for its occurrence, which are among the components of its realization. To address the conflict between substantive criminal legal texts, specific rules were established, some of which are external rules such as preparatory work, historical principles and reconciliation of texts, and others are internal rules that are used to resolve the conflict. The research addressed a set of terms and phrases that show a contradiction between the substantive penal texts in Iraqi law. | ||
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