جريمة مساعدة العدوعلى دخول البلاد دراسة مقارنة

A crime of helping the enemy to enter the country ((A comparative study))

The crime of assisting the enemy to enter the country is considered
one of the crimes affecting the external security of the state, which is
achieved through several forms stipulated in the majority of penal
laws, including the Iraqi Penal Code, the Egyptian Penal Code, and
the Libyan Penal Code. The morale of the armed forces, inciting its
members to join or surrender to the enemy, destabilizing the sincerity
of the armed forces and their confidence in the defense of the country,
in addition to handing over a member of the armed forces to the
enemy, as the first four images forming the material element of this
crime focus on providing moral aid to the enemy, There is no doubt
that this aid has a negative role on society, as it plays a major role in
sowing the seeds of separation among the people and fragmenting the
social ranks, as well as directly affecting the performance of the
armed forces and undermining their resolve in defending the country
That the crime under study is distinguished by several
characteristics that set it apart from other crimes, including: flexibility
in the legislative formulation, and it is also characterized by early
criminalization, as the legislator criminalized behavior before any
material result occurred; This is due to the seriousness of the
protected interest in this crime, as well as because it is subject to
exceptional jurisdiction, and it is also subject to in-kind jurisdiction,
and others .
That this crime is similar to some extent with other crimes,
including the crime of joining the ranks of the enemy, and the crime
of facilitating the entry of the enemy into the country, despite some
points of convergence between them and these crimes, they differ
with the crime of joining the ranks of the enemy in terms of the status
of the perpetrator of the crime And in terms of its purpose, it also
differs with the crime of facilitating the entry of the enemy into the
country from the behavior of the perpetrator, and in terms of the
extent to which the Sharia has achieved the crime .
That this crime consists of the general elements, in addition to
the special element, which is represented by the location of the crime
and the time of war, as some of the images that make up the crime
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under study are stipulated by the legislator that they take place in a
specific time, which is a time of war .
As for the procedural provisions, we find a difference in the
legislator’s policy regarding them, as the Iraqi legislator made them
the jurisdiction of the regular courts, while the Egyptian legislation
made them the jurisdiction of the ordinary courts, and also made them
the jurisdiction of the Emergency State Security Court when
committed during the declaration of the state of emergency.