التحريض الصوري على إرتكاب الجريمة ((دراسة مقارنة ))

False Incitement To Commit A Crime (( A Comparative Study ))

Summary
The research parts of the study focus on fictitious incitement to commit the crime the incitement issued by members of the judicial police In order to combat crime and arrest criminals the public authority may resort to methods based on prompting some of the accused to commit some crimes that require complete secrecy lack material evidence and are difficult to detect through the usual procedures such as drug smuggling crimes financial and administrative corruption crimes, and other crimes; With the aim of revealing the perpetrators and subjecting them to the law with different motives the aim may be to arrest the offender in flagrante delicto So that it is easy to prove, and the goal behind the incitement may be to obtain a reward allocated by the state to those who report a certain crime or it may be in order to entrap a certain person to accuse him and then punish him out of revenge as a man of public authority may pretend to buy a quantity of narcotics from a person Trafficking in it the aim of which is to bring the offender to justice and it may come to the knowledge of the competent authorities that a certain public official engages in bribery and bargaining with the person in need by giving a return for the job done or refraining from it or in return for violating the duties of the job so the competent authorities resort through one of its members or Through the informant or others by offering the amount of bribery to that employee and then caught red-handed with his crime however these methods raise a lot of controversy about the extent of their legitimacy despite the nobility of their goals and the extent of their impact on the responsibility of the perpetrator and instigator at a time when most legislation refrained Regarding the organization of this method we find that there are legislations that have organized it according to certain controls and frameworks and about specific crimes The lack of responsibility or non-responsibility of the perpetrator and instigator and its impact on the commission of the crime, as well as its procedural effects especially in the field of legality of evidence and the validity and integrity of judicial procedures related to the mentioned method.
The importance of the study comes from the fact that fictitious incitement to commit crime may constitute a behavior that is inconsistent with the duties of public authorities to limit the commission of crimes and the importance of the research is also to shed light on several crimes that destroy society and how to combat them by the competent authorities and we will address the study in three chapters as it includes The first chapter is what is mock incitement then we dedicate the second chapter to the provisions of mock incitement and what is the third chapter in which we deal with the applications of mock incitement then we conclude our study with the most important conclusions and proposals There is a discrepancy between the legislation and the judiciary in terms of the permissibility of using the mock incitement method What we have reached is organizing the provisions of fictitious incitement in the Iraqi criminal legislation from an objective point of view in the Penal Code and from a procedural point of view in the Code of Criminal Procedures The criminal laws as two general laws whose provisions apply to special penal laws when they are devoid of a special text we also see the need for the stability of the Iraqi judiciary especially the Federal Court of Cassation on a unified approach, according to which it sets a specific criterion for dealing with the method of sham incitement distinguishing between detection and incitement of crime and between Creating the idea of crime or creating the idea of crime and permitting it in the first case without the second as the court that distinguishes all decisions issued by the courts before it and its decision is final and binding.
The Researcher