The relationship between linguistics and special criminal legislation -An analytical study-
Abstract
Abstract : Forensic linguistics is a science based on the study of written texts related to crimes and legal disputes or issues related to the language of criminal law and its clarity. Forensic linguistics is used in the field of drafting special criminal laws. It can be said that forensic linguistics represents the spirit of special criminal law texts, and that they are written in criminal linguistics, analyzed and resorted to. Special criminal laws are the means of the legislator in the Kurdistan Region - Iraq to organize its own interests or to confront the rapid changes that affect the values and essential interests of society. It is found that the Iraqi constitutional legislator addressed the issue of forensic linguistics directly, as the legislator stipulated in Article (Fourth) of the 2005 Constitution that "the Arabic language and the Kurdish language are the two official languages of Iraq." It is also found that the legislator in the Kurdistan Region of Iraq allocated Articles (4 to 6) within (Chapter Three) under the title (Language of the Law and Courts) of the Official Languages Law in the Kurdistan Region - Iraq No. 6 of 2014 for this matter.
Thus, it is found that what is meant by legislative reform is one of the main methods for reforming laws by canceling them, creating new laws, and merging laws. Despite this, we find that there are problems related to the controls of criminal linguistics for drafting special criminal laws in Iraq and the Kurdistan Region, which are represented by the legislator not avoiding the passive voice, not using the conjunction (and) and (or) carefully, not avoiding grammatical and inflectional errors, separating related words, avoiding the use of padding, digression, and verbosity, brevity, using legal phrases, and using punctuation marks correctly.
Regarding the issue of criminal linguistics and its relationship to the translation of special criminal laws, it is found that the legislator resorts to translation in order to take the term or concept and implant it in his criminal legislative system, but in some cases, translation is a reason for the fluctuation of criminal linguistics in special criminal laws and thus spoils the criminal legislative system and disrupts the issue of legislative reform. Among the most prominent cases of fluctuation of criminal linguistics in special criminal laws: unstable translation, the uselessness of the borrowing method, and in the same context, it is found that correct translation is considered one of the factors of stability of criminal linguistics in special criminal laws in the region, and it has a fundamental role in legislative reform, and this is achieved through: good choice of term, success in finding the term in the borrowed language.
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