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Criminal liability for payment card crimes in Iraqi law - a comparative study | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 13, Volume 17, Issue: 1 part 2, June 2026, Pages 289-318 PDF (755.68 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2026.192032 | ||
| Authors | ||
| Ahmed Zuhair Abdul Amir1; Ali Falah Hakim2 | ||
| 1Ministry of Education / Karbala Education / Assistant Legal Advisor | ||
| 2University of Karbala / College of Nursing / Legal Director | ||
| Abstract | ||
| This research examines criminal liability for electronic payment card crimes under Iraqi law, considering them as emerging digital economic crimes characterized by their intangible nature. These crimes present challenges related to the limits of criminalization, proof, and the determination of liability. The research begins by analyzing the legal elements of these crimes, demonstrating that the material element takes various technical forms, most notably the unlawful use of the card or its data, falsification of digital content, and cyber fraud targeting banking systems, in addition to technical negligence leading to the commission of the crime. It also shows that the mental element is no longer limited to traditional intent, but includes what can be termed "programmatic intent," which extends to the stage of preparing the electronic means, not just the moment of committing the crime. Furthermore, the research explores the direct criminal liability of the perpetrator and the indirect liability arising from the failure to report or monitor payment systems within commercial and banking institutions, in light of current Iraqi legislation, and in comparison with Arab legislations that have adopted specific regulations for electronic payment crimes. The research concludes that the Iraqi legislative framework still relies on general rules that fail to encompass the technical nature of cybercrime. It proposes enacting separate penal provisions that criminalize digital conduct, recognize electronic evidence, criminalize technical negligence, and establish institutional oversight to safeguard trust in Iraq's financial system and digital economy | ||
| Keywords | ||
| Electronic payment crimes – Criminal liability – Programmatic intent – Iraqi legislation – Technical negligence | ||
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