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Characteristics as a presumed element in special criminal laws (an analytical study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 17, Volume 16, Issue: 3, September 2026, Pages 506-536 PDF (842.17 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.165298.1612 | ||
| Authors | ||
| Syamand Shalal Mahmood* ; Sulaiman Karim Mahmood | ||
| College of Law / University of Sulaimani | ||
| Abstract | ||
| The characteristic is an assumed element in special criminal laws, as it is a pivotal element in the formation of some crimes, the legal structure of which is not complete without its presence. The focus has been on explaining the nature of this characteristic and its role in determining the scope of criminal protection, whether related to the person of the perpetrator or the person of the victim. The legislator in many texts did not suffice with the general elements of the crime, but rather added a specific characteristic to be a necessary element for the establishment of the crime and the realization of criminal responsibility. The presumed element performs a dual function: narrowing the scope of criminalization on the one hand, and expanding the scope of legal protection on the other. The clarity of the characteristic in special criminal texts contributes to strengthening legal security, ensuring proper judicial application, and thus achieving the legislative goal of providing effective protection for the interests that the legislator deemed necessary to protect. The special criminal laws issued in the Kurdistan Region or in Iraq contain many characteristics, whether related to the perpetrator or the victim, and make them a presumed element of criminalization. For this reason, we divided this study into an introduction, two sections, and a conclusion. | ||
| Keywords | ||
| presumed element; special criminal laws; characteristic of the perpetrator; characteristic of the victim | ||
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