The crime of inciting the withdrawal of funds deposited in banks in Iraqi law
Keywords:
- incitement bank account - salary localization - publicity in incitementAbstract
Abstract: This study aims to address the crime of incitement to withdraw funds deposited in banks through public disclosure under Iraqi law. Addressing and investigating this crime has become a necessity at the present time, especially in the Kurdistan Region of Iraq, as the region is on the path to resolving its employee payroll problem by opening bank accounts for all employees, similar to the domiciliation of employee salaries in Iraq.
In this study, we reached several conclusions. The most important is that this crime is described as a financial-economic crime, and that merely incitement constitutes the elements of the crime, provided that the presumed element of the crime is met, namely the publicity of the act of incitement.
We concluded the study with some recommendations. Most importantly, the penalty stipulated in Iraqi law is not deterrent, and therefore, achieving the element of public disclosure to the public is not easy every time, as the inciter may attempt to incite people to do so, but individually and behind the scenes, without public disclosure. Therefore, extending strict criminal protection for these funds under the law would be more effective and supportive of increased confidence in banks.
© 2023 TUJR, College of Law, Tikrit University
