Criminal Liability of Legal Persons in Crimes Against Public Health in Iraqi Law

Authors

  • Morteza Fathi Author
  • Researcher. Mustafa Mohammed Ali Al-Maamouri Author

Keywords:

Legal person, precautionary measures, Iraqi law, criminal intent, criminal responsibility

Abstract

Abstrac : Article 80 of the Iraqi Penal Code defines legal persons, with the exception of government interests and its official and semi-official departments, as criminally responsible for crimes committed by their representatives, managers or agents on their behalf or in their name, and they may not be sentenced to anything other than a fine, confiscation and precautionary measures stipulated for the crime by law. If the law stipulates an original penalty for the crime other than a fine, it shall be replaced by a fine, and this does not prevent the perpetrator of the crime from being personally punished with the penalties stipulated for the crime by law. Accordingly, the original question in this article is: What is the criminal responsibility of a legal person when it commits crimes that affect public health? What are the methods of combating the legal person\\\\'s approach to committing these crimes? The researcher has benefited from the descriptive and analytical approach to obtain answers to the questions raised above and the most important results that he has reached are: When the actor or manager commits the crime on behalf of the legal person and in the name of the legal person, he has, according to Article 80 of the Iraqi Penal Code, penalties and precautionary measures, and there is also a penalty for the same persons who commit the crimes.

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Published

2025-01-01

Issue

Section

Articles