- All Journals
- Al-Qadisiyah University
- Basrah University
- Kirkuk University
- Mosul University
- The Iraqi Borad for Medical Specialization
- University of Anbar
- University of Technology
- Al Mustafa University
- Al-Zahraa University for Women
- Alnoor University
- Kunooz University
- Misan University
- Ninevah University
- Tikrit University
- University of Al-Hamdaniya
- University of Kerbala
Assault on money using hypnosis - the problem of qualifying between theft and fraud in light of the Iraqi Penal Code No. (111) of 1969 | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 35, Volume 16, Issue: 2, June 2026, Pages 852-879 PDF (1.06 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.166384.1654 | ||
| Author | ||
| Yaqoob Ramadhab Hasan* | ||
| University of Dohuk college of law | ||
| Abstract | ||
| This research aims to analyze the legal classification of the crime of seizing property through hypnotism, given the ambiguity surrounding it in the Iraqi Penal Code. The study addresses the problematic issue of whether this act falls under the crime of theft or fraud, relying on both analytical and inductive methodologies. The research concluded that conventional legal provisions are insufficient to accommodate this new type of crime, which directly affects the victim's will. It further concluded that the act is closer to the crime of theft if a total loss of will is proven, and recommends the necessity of enacting a special legislation to define the elements of this crime, while emphasizing the importance of utilizing psychological and technical expertise in investigations and trials. The research followed an analytical approach to deconstruct relevant legal texts, and an inductive approach to review jurisprudential and judicial opinions on the subject. The scope of the study was limited to addressing the phenomenon in light of Iraqi Penal Code No. 111 of 1969. To achieve its objectives, the research was divided into two main sections: The first section was devoted to addressing the conceptual framework of the crime of assault on property by hypnosis, while the second section addressed the legal classification of this act in Iraqi legislation, with the aim of arriving at practical conclusions and recommendations. | ||
| Keywords | ||
| Hypnotism; Legal Classification; Theft; Fraud; Iraqi Penal Code | ||
|
Statistics Article View: 182 PDF Download: 86 |
||