السيـاسـة الـجـنائـيـة الـمـروريــة (دراسة مقارنة)

traffic criminal policy

The criminal policy is the legal basis for combating crime for each country, including traffic crime. Traffic crime is defined as “every illegal human behavior in the traffic law, issued by a driver or vehicle owner, that exposes the core interests to danger, whether positively or negatively. For him is the criminal legislator, a penalty of Janana.”
Traffic criminal policy has a specific goal, which is to work on developing the positive criminal law, in the field of criminalization, punishment and prevention, and the criminal policy is based in general on two distinct ideas: the first is philosophical thought and here determines the state’s right to prevent crime, and to punish it, and the second is thought political, which determines the nature of the individual’s relationship with the state
The traffic law is one of the important laws that the legislator took care of, and one of its objectives is to regulate the use of public roads, and the prevention of traffic accidents. Traffic has a set of objectives, including, trying to avoid the occurrence of traffic crime before it occurs, that is, preventing it from occurring at all, and this is the narrow meaning of the traffic preventive policy, and among its objectives, working to combat the primary factors that are the cause of the existence of the criminal personality, and work to find successful preventive methods, With it, you can control crime
The philosophy of criminalization in the traffic law, in which the origin is to search for all acts and behaviors in which the legislator finds that the lives and money of individuals are at risk, while driving vehicles, such as driving

quickly, exceeding the legally established limit, or standing at night in dark places without using lights .
The Iraqi legislator has allocated one or more investigation courts to specialize in traffic cases, and in practice, there are no special traffic courts, but there is a traffic judge in the investigation court, who considers the traffic case in addition to other cases, and after the traffic case file arrives at the court, there are two types of procedures that the court must follow Depending on the nature of the criminal case, it will appear briefly or not.