The subjectivity of special criminal laws and the justifications for issuing them
Keywords:
- Special criminal law. - Legislative mandate. - Constitutional criminal law. - Temporary laws. - Induced crimes. - Political and ideological. reasons. - Protected interest.Abstract
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.
© 2023 TUJR, College of Right, Tikrit University
References
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Second: theses and university dissertations
A: University theses
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B: Theses
Zina Abd al-Jalil Abd, Self-incrimination and punishment in private criminal laws, a comparative study, master's thesis, College of Law, University of Baghdad, 2019.
Sirwan Othman Faraj, Security and Criminal Law, Analytical Study, Master Thesis, College of Law, University of Sulaymaniyah, 2019.
Miloud Rabah and Souad Masinissa, The Impact of Globalization on the Policy of Criminalization and Punishment, Master Thesis, Faculty of Law and Political Science, Mauloud University, Maamari, 2017.
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Third: legal research
Amal Aishawi and Sakina Frouj, The Authorization of Criminalization and Punishment in Business, Journal of the Faculty of Law and Political Science, Tizi Ouzou University, Volume 16, Issue 02, 2021.
Fourth: Constitutions and criminal laws
A: Constitutions
The Lebanese Constitution of 1926.
The Egyptian Constitution of 2014.
The Interim Constitution of the Republic of Iraq for the year 1964.
The Iraqi constitution of 1968.
The Iraqi Constitution of 1970
The Iraqi Constitution of 2005.
B: Criminal laws
Egyptian Penal Code No. 58 of 1937, as amended.
UAE Penal Code No. 3 of 1987, as amended.
Iraqi Penal Code No. 111 of 1969, as amended.
Bahraini Penal Code No. 15 of 1976, as amended.
Act Iraqi Criminal Procedure Principles No. 23 of 1971, amended.
Code of Criminal Procedure for the Iraqi Internal Security Forces No. 17 of 2008.
The Iraqi Military Code of Criminal Procedure No. 23 of 2016.
Iraqi Juvenile Welfare Law No. 76 of 1983, as amended.
Law of Combating Terrorism in the Kurdistan Region of Iraq No. 3 of 2006.
Law No. 39 of 2015 on combating money laundering and terrorist financing.
