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Concealment of secrets, the disclosure of the functional and the sanctity of law in Iraq | ||
| journal of legal sciences | ||
| Article 1, Volume 26, Issue 1, 2011, Pages 30-99 | ||
| Author | ||
| D. Waleed Mirza | ||
| Abstract | ||
| The subject of this study is the secrecy of administrative acts in the Iraqi legislations and this study intends to make the important legal issues which are related with this subject are clear , either what related with secret and it's subject or what was relaying with the state security specially if we knew that they became the basic insurance for protection these security at these days. There is no dispute that the secret of administrative acts and the protection the state security these are considered as two faces for one coin. The legislation, judicial decisions, juristic opinions and the customs in all the countries have taken and held a firm and unanimous view that the employ is bound to keep the secret to which it is communicated in addition to the facts and the information closely tied with the administrative activity of her public body. Therefore we had to investigate and study the administrative and criminal responsibility cannected with the administrating secrecy, and the extent to which the legislation’s provide the administrative and criminal protection to this type of secrecy and punish the person who breaches or violates the obligation to keep the administrating secrecy, and in this context the legislation’s have been divided into two branches the first one contained many legal provisions concerned with the doctrine of the administrating secrecy under the heading of the claw of the administrative law, whereas the second one did not organize this concept but left it to the general rules in pursuance of the legal provisions set forth or provided for in the penal code concerning the divulgence of secrets, including the Iraqi law. There are so many difficulties in this subject, such as misapplication of some articles that regarded with the secret of the job generally and specially the secrecy of administrative acts such as article 437 from the penal code and article 57 from the code of criminal procedures, and the cause in that is the unrespectable to these articles from the people who are uncharged to applicate it . | ||
| Keywords | ||
| Concealment of secrets; the disclosure of the functional and the sanctity of law in Iraq | ||
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