المسؤولية الجزائية عن تحبيذ الجريمة (دراسة مقارنة)

Criminal liability for approval the crime (A comparative study )

Our tagged message (Criminal Responsibility for Preempting Crime – a Comparative Study) is concerned with the study of criminal responsibility for favoring the crime, which is represented in improving, decorating and depicting criminal acts in the form of glorious acts, and dressing the perpetrator in the clothing of a permissible act, which is prior to the occurrence of the crime or contemporary of its occurrence, such as glorifying the perpetrator and praising his act by showing the crime However, it is a desirable thing, which distinguishes it from criminal incitement that requires it to be prior to the occurrence of the crime, so it is inconceivable that there is incitement to the crime after its occurrence, in addition to the fact that the activity of the instigator requires that he have a subject on which he is focusing on a specific crime, so the incitement is characterized by compelling the instigator to commit The forbidden action, as opposed to preemption, where the favorable person expresses a desire for the other to commit the offense indirectly.
Prejudice crimes are considered a serious crime for society. Therefore, punitive legislation was keen to criminalize it; Given the great relationship between these crimes and interests, failure to give effective protection to those interests would threaten them with danger, and this leads to serious harm to society and the individual, especially if the preference for the crime is as an instruction to commit it, then it is focused on an act criminalized by the law by improving its image and glorifying its perpetrator. Preemption affects multiple aspects of the life of society and the state. We have confined ourselves to discussing what affects the internal security aspect of the state within the limits of Article 200 of the amended Penal Code No. 111 of 1969, which stipulates that the favorable person must be punished with imprisonment for a period not exceeding seven Years or imprisonment if he prefers to incite sectarian strife or overthrow the regime and change the constitution, in addition to special laws such as the Anti-Information Crime Bill for the year 2011, and the Anti-Terrorism Law No. (13) for the year 2005, as we find that the Iraqi legislator did not stipulate an act favoring terrorism as an independent crime in law ; If he used the phrase (every terrorist act) in the first article thereof, and thus the aforementioned act could include the saying or words uttered by the perpetrator, not requiring a certain degree of gravity in that act, it can be achieved by simply spreading deviant ideas (favoring terrorism) as if Someone posted a picture of an explosive belt and put a comment explaining how to use it on a website, so it would be better for the legislator to surround this act with legal texts criminalizing acts that many categorizeWithin the field of expression of opinion, it is considered the first fuse that ignites terrorist crime, which is usually issued by preachers or politicians.
On this basis, the study first identified the concept of criminal responsibility for favoring the crime, and then explained the forms of criminal responsibility for preemption in both the applicable penal code and the special laws, and since the study is comparative, we chose a group of countries, which are (Egypt, Lebanon, and France) In order for its penal laws to be a subject for comparison with the policy of the Iraqi legislator, and in order to gain familiarity with the subject of the message, we divided it into two chapters. In the first chapter we dealt with the definition of criminal responsibility for favoring the crime, in the first topic in terms of defining prejudice in language and convention, and in the second topic an explanation of the subjectivity of preemption by distinguishing it from what is suspected It has other criminal concepts.
As for the second chapter, we have devoted it to explaining the forms of criminal responsibility for warring against the crime in both the Iraqi penal code in force in the first topic, and the special laws in the second topic, and then we will conclude the letter with a number of conclusions and proposals that we will reach after going into the aspects of the research.