The subjectivity of special criminal laws and the justifications for issuing them

Abstract

The criminal legislation of many countries has dealt with the “ private criminal law” and under different names with without meeting on a unified name or term for it. Criminal jurisprudence also differened in their definition of private criminal laws because looked at it from different angles. In particular, it differs from other terms such us constitutional criminal law, time-limited laws, and legislative authorization. The issuance of special criminal lawshas become a tangible phenomenon in many countries, including Iraq , including the Kurdistan Region, which have issued many of these laws, where they are resorted to for certain justifications and including the legislative vacuum, the emergence of new crimes, the nature of the protected interest in these laws, and the exclusivity of some crimes by special procedures, in addition to political reasons. And ideology. Despite this, the Iraqi and Kurdish legislators should not resort to it except in the necessary cases that necessitate it.