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The crime of publishing obscene material (a comparative study) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 14, Volume 17, Issue: 1 part 2, June 2026, Pages 319-348 | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2026.170193.1563 | ||
| Author | ||
| Marwa Hamdallah Ahmed* | ||
| College of Law, Al-Qadisiyah University | ||
| Abstract | ||
| This paper addresses crimes related to indecent publications under Iraqi law by examining the legislative framework governing them and defining their scope in light of Article (403) of the Iraqi Penal Code. It presents the philosophy of criminalization based on the protection of public decency and public morals as legally protected interests, particularly in the context of technological developments and the emergence of digital publishing. The legal nature of these crimes and their implications for criminal liability, evidentiary rules, and penal policy are analyzed, with emphasis on the relationship between the material and moral elements of the offense and the impact of traditional and digital means of dissemination on legal characterization.Features of the Egyptian legislative approach are also presented as a closely related legal model, highlighting points of convergence and divergence in regulating indecent publications, especially with regard to electronic publishing and the balance between protecting public morals and freedom of expression. The study concludes by formulating an integrated legal perspective that clarifies the theoretical and practical framework of crimes involving indecent publications under Iraqi criminal law in light of contemporary digital transformations. | ||
| Keywords | ||
| Indecent offenses; Publications; Public decency and morality; The nature of law; Criminal liability | ||
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