Legislative omission and its limits in crimes of drugs and psychotropic substances

Abstract

legislative omission indicates the existence of a deficiency or ambiguity in the criminal text, which mode the criminal policy incomplete, and that the subjectivity of drug crimes and psychotropic substances requires confronting them on the basis of risk and flexibility. These crimes are often associated with transnational organized crime with the aim of achieving profit and with sordid motives. The subject of these crimes in within law of Drugs and Psychotropic Substances No. 50 of 2017 is subject to change by the executive authority, which may expand responsibility. The law neglected to deal with negative and positive rules with a degree of sufficiency due to the expansion of exemptions, and the existence of a lack and ambiguity of legislation in many areas. For example, the Iraqi law ignored defining the nature of narcotics and psychotropic substances clearly , and it ignored the digital drugs, and not discriminating between adult and juvenile offenders in punishment.