Crimes of damage to public utilities

Authors

  • Dr. Samer Saadoun Al-Amiri College of Law، University of Baghdad، Baghdad، Iraq
  • Esraa Fadel Kazem College of Law، University of Baghdad، Baghdad، Iraq

Keywords:

- Public Utilities. - Damage. - Considered Interest.

Abstract

Abstract:  Attacks on public facilities have become a phenomenon، the effects of which affect all types of public facilities، whether educational، health، security or other public facilities dedicated to serving the community and meeting its needs. Both types are material، represented by material effects that indicate the occurrence of an assault in damage or warn of its occurrence in dangerous crimes،It also assumes a result in its legal meaning، given that the legislator has relied on the material effects of actual or potential assault، and saw that it constitutes an immediate actual assault on a community interest worthy of protection.

References

First: books

-Dr. Ahmed Fathi Sorour, The Legal Confrontation of Terrorism, 1st edition, Dar Al-Nahda Al-Arabiya, Cairo, 2008.

. 2- Ahmed Fathi Sorour, Mediator in Penal Code, General Section, 6th Edition, Dar Al-Nahda, 2015

-d. Al-Saeed Mustafa Al-Saeed, General Provisions in the Penal Code, 3rd edition, Dar Al-Maarif, 1957.

- Jassim Khraibet Khalaf, Explanation of the Penal Code, General Section, Zain Human Rights Publications, Beirut-Lebanon, without a year of publication.

-d. Riyad Al-Khani and Dr. Jack Youssef Al-Hakim, Explanation of the Penal Code, Special Section, Military Housing Press, 1986-1987.

-d. Saad Ibrahim Al-Azami, Encyclopedia of Crimes Against Internal State Security, House of General Cultural Affairs, Baghdad, 2000.

-d. Samir Alia, Al-Wajeez Explanation of Crimes Against State Security, 1st Edition, University Institute for Studies and Distribution, 1999.

-d. Ali Hussein Al-Khalaf and Dr. Sultan Al-Shawi, General Principles of Penal Code, Legal Library, Baghdad, 2008.

-d. Omar Sharif, Degrees of Criminal Intent, 1st edition, Dar Al-Nahda Al-Arabiya, 2002.

-d. Mamoun Salama, Philosophical Thought and its Impact on Criminalization and Punishment, Faculty of Law - Cairo University, 1997.

-11-d. Mamoun Muhammad Salama, Judicial Organization in the Law of Military Judgments, Dar Al-Nahda Al-Arabiya, Cairo, 2003.

Second: letters and treatises

-1- Israa Fadel Kazem, The Crime of Escape in Military Penal Law, Master Thesis, College of Law, University of Baghdad, 2018.

- Haider Ali Nuri, Criminalization Policy, Master Thesis, Faculty of Law, Al-Nahrain University, 1999.

- The visions of Nizar Amin, the moral element and its proof in formal crimes (comparative study), master's thesis, Al-Alamein Institute for Graduate Studies, Iraq, 2016.

- Zina Abdel Jalil, Criminalization and Punishment in Special Criminal Laws, Master Thesis, College of Law - University of Baghdad, 2019.

- Abdel Moneim Mohamed Ibrahim, The Place of Damage in the Legal Structure of Crime, PhD thesis, Faculty of Law, Cairo University, without a year of publication.

- Ali Karim Shajar, Considered interest in criminalizing acts against state security (comparative study), master's thesis submitted to the Faculty of Law - Maysan University, 2019.

- Muhammad Ismail Ibrahim, Damage in the Crime of Forging Documents, PhD thesis, College of Law - University of Baghdad, 2007.

- Muhammad Abdel Qader Mahmoud, The Crime of Incitement in Palestinian Legislation (a comparative study with Islamic Sharia), Master Thesis, Faculty of Sharia and Law, Islamic University, Gaza, 2017.

- Moulay Mohamed Lamine, Medical Harm (Comparative Study), PhD thesis, Faculty of Law and Political Science, Djilali University, Algeria, 2020.

Third: Research

- Adam Suleiman Al-Ghariri and Manar Abdel-Mohsen, research titled published in Tikrit University Journal of Legal Sciences, seventh year, volume one, issue 28, December-2015.

-d. Alaa Nasser Al-Baaj and d. Firas Abdel Moneim, Criminalization policy in light of the decline in moral standards, a research published in Al-Haqiqa Journal for Social and Human Sciences, Volume (19), Issue (4), 2020.

- Safaa Salem Al-Khazali, and Muhammad Ismail Al-Mamouri, research entitled “The Crime of Damaging Public Roads”, published in Al-Mohaqqiq Al-Hali Magazine, Volume Ten, Issue Three, September 30, 2018.

- Adel Yousef Al-Shukri and Maytham Hussein Al-Shafei, Modern Trends in Defining Unintentional Error, research published in the Kufa Journal of Legal and Political Sciences, Volume 2, Number 2, 2009.

- Abd al-Fattah Mustafa al-Saifi, Conformity in the field of criminalization, a research published in the Journal of the Faculty of Law for Legal and Economic Research, Alexandria University, S (13), special issue, 1968.

- Dr. Fakhri Abdul-Razzaq Al-Hadithi and Israa Fadel Kazem, The Crime of Military Escape in Law, a research published in the Journal of Legal Sciences, College of Law - University of Baghdad, Volume (33), Issue (6), 2018.

- Dr. Firas Abdel-Moneim and Ali Abdel-Alima Jaafar, Criterion for Evidence of the Moral Elements of the Crime, research published in the Journal of Legal Sciences, Volume (32), Issue (3), 2017.

- Dr. Kazem Abdullah Al-Shammari and Rasha Ali Kazem, The Effect of Danger in the Material Element of Crime, research published in the Journal of Legal Sciences, College of Law - University of Baghdad, Volume (33), Issue (6), 2018

Dr. Kazem Abdullah Al-Shammari, Objective Conditions for the Possibility of Punishment, research published in the Journal of Anbar University for Legal and Political Sciences, Volume (9), Issue (2), 2019.

- Muhammad Rustum Hassan Rustom, research titled The Extent to the Constitutionality of Criminalizing Criminal Agreements, published in the Academic Journal for Research and Scientific Publishing, Sixteenth Edition, UAE, on 5-8-2020.

-Dr. Mahmoud Naguib Hosni, research titled “Deliberate Mistake in the Penal Code,” published in the Lawyers’ Journal, Issues Six and Seven, Year Forty-Four, February 1964.

-12- Nabil Mohsen Muhammad Al-Alfi, What is the material component of the crime and criminal contribution, research published in the Judicial Journal, Ministry of Justice, Yemen, Issue 3, 2013.

Fourth: Laws and legislation

- The Iraqi Penal Code in force and amended No. (111) of 1969.

- The French Penal Code No. (92-683) of July 22, 1922.

- The amended Egyptian Penal Code No. (95) of 2003.

- Anti-terrorism Law No. (13) of 2005.

- Iraqi Military Penal Code No. (19) of 2007.

- Penal Code of the Internal Security Forces No. (2008).

Fifth: electronic references

- The Electronic Dictionary of Al-Ma’any, published on the website: https://www.almaany.com/ar/dict/ar-ar

- Dr. Yasser Muhammad Al-Ma’i, a study entitled “The Crime of Incitement to Violence between Freedom of Opinion and Discourse of Incitement to: Hatred”, Faculty of Law - Tanta University, p. 30, published on the website, last visited 12-21-2022. https://law.tanta .edu.eg/files/Conf

Sixth: Foreign sources

-Gideon Boas, James L. Bischof, Natale LReid, Forms of resposibility in international criminal law, Cambridge university press, New York, 2007.

-Droit penal general, Juliette Sygut, re edition, Gualino editor, 2018.

Published

2023-11-01

How to Cite

Al-Amiri, D. S. S., & Kazem, E. F. (2023). Crimes of damage to public utilities. TIKRIT UNIVERSITY JOURNAL FOR RIGHTS, 7(4), 264–295. Retrieved from https://tujr.tu.edu.iq/index.php/home/article/view/69