الـغرامة الـمرورية ( دراسة مقارنة )

Traffic fine (Comparative study)

ABSTRACT

This study relates to the traffic fine imposed by the administration with a penal authority granted by the legislator under the traffic laws, as this trend is considered a recent trend in the contemporary punitive criminal policy in the field of traffic in order to reduce the violations resulting from non-compliance with the rules of the traffic law, which exposes people and their money to danger Which affects the order and security of society, as the large number of traffic violations causes great crowding on the courts if they are all considered by them, which prompted legislators, including the Iraqi legislator in the effective Traffic Law No. (8) of 2019, to find non-traditional means to relieve the burden of the courts and simplify Procedures and achieving speedy adjudication of violations, as this study showed the position of legislation and the judiciary in Iraq and the comparative countries from this trend, which is an exception to the principle that stipulates the jurisdiction of courts with this task.
The result of this study shows that granting the traffic administration the power to impose a traffic fine does not constitute a violation of constitutional principles, especially the principle of separation of powers according to the modern concept (flexible separation) on the one hand, and the principle of judicial punishment on the other hand. The fact that this authority is limited to the imposition of financial fines, and the approval of the Federal Supreme Court in Iraq showed the penal authority granted to the traffic man (misdemeanor judge) because it does not exceed the imposition of financial fines on violators and does not include arrest or detention, and since the traffic fine is similar to the criminal punishment in a deterrent capacity; Therefore, the study recommended that the Iraqi legislator should inform the authority of the administration when controlling violations and imposing fines with the guarantees that guarantee fairness of punishment and prevent the administration from arbitrarily using its authority and violating the rights and freedoms of individuals. Judgment decisions issued to impose a traffic fine before the criminal judiciary, because of its impartiality and independence, and to prevent the administration from being the opponent and the judge at the same time, and this is what we discussed in this thesis.

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