جريمة إهانة الهيئات النظامية في التشريع العراقي

The offense of insulting the statutory bodies in ‎the legislation Iraq

The insult is one of the acts whose effects are on the honor and considered from the point of view of it, in order to minimize it in the eyes of others, or if it occurred before them, and the act, which is an insult that is difficult to distinguish from crimes that have the same effects that affect the honor of those who have been convicted of libel and insult and also because of the ignorance of others Insulting is a crime punishable by the law for its perpetration.The law has created a virtual character, in addition to the natural character, which is called the moral personality.

The law of Ahanu is one of the crimes of harm and has been stipulated by the legislator in the Penal Code and other special laws, which is no different from the comparative legislation and the amount of punishment. In this study we look for the specificity of this crime in terms of definition and its identity by searching for crimes nearby And lead to the same results that the place of the victim in the honor, dignity, dignity and prestige of the victim whether the victim is a natural or moral person, and is also distinguished from criticism, which is a right guaranteed by the Iraqi Constitution in addition to other public and private laws, which draws the comparative legislation, For Algeria and France, too, in their laws by approving this right, we shall clarify in this study the elements of the crime.

The problem of this study revolves around what is meant by the statutory bodies and the type of protection provided by the legislator and what is meant by the crime of insulting and showing its legal framework and how the legislator dealt with it objectively and procedurally. In addition, it is one of the crimes committed by many people. Between them and criticism and freedom of expression and ignorance of the law does not exempt the perpetrator of the crime.

In this study, we have adopted two basic methods: the analytical and comparative approach, and the use of some scientific research methods, in which we analyze the legal texts related to this crime. We examine the provisions of this crime and its methods. Comparative legislations dealing with the same subject of this crime as in Egypt and Algeria and addressing some legislation such as French legislation.

In our study, the introduction consists of three chapters and a conclusion such as the following:

    The first chapter explains the concept of the crime of insulting the statutory bodies. In the second demand we discussed the scope of the offense of insult and the statutory bodies, while the second topic was devoted to the foundation and the legal nature For the offense of insulting the statutory bodies by dividing it into two demands. The first requirement dealt with the legal basis for the offense of insulting the statutory bodies and the second requirement of the legal nature of the offense of insulting the statutory bodies.

    The second chapter dealt with the elements of the crime of insulting the statutory bodies divided into two sections. The first topic to clarify the element in the offense of insulting the statutory bodies with two demands was the first requirement in the elements of the criminal activity in the offense of insulting the official bodies.

    The second part of this chapter was in the moral and presumed corner in the offense of insulting the statutory bodies also in two demands. The first requirement is in the moral element of the offense of insulting the statutory bodies. The second demand clarifies the presumed element of the offense of insulting the statutory bodies.

     The third chapter examines the procedures for initiating criminal proceedings in the offense of insulting the legal bodies and their proofs and their parts by dividing this chapter into two sections. The first part is to initiate the criminal case in the offense of insulting the statutory bodies with two demands. The criminal prosecution in comparative legislation.

     The second section of this chapter clarifies the evidence of the crime of insulting the statutory bodies and their demands by clarifying in the first demand the evidence of the crime of insulting the bodies. The second request was allocated in the penalty of the offense of insulting the statutory bodies. Hence, this study ends with a conclusion that includes results and proposals.

That the authorities are not public facilities and that their names are different and the authority is to develop them while granting some of them moral personality without some others for reasons that are better able to know their necessities and purpose to develop them to provide services to others as well as to express their ideology and builders their political, social and economic ideas at all levels and local and international levels.

This crime consists of two parts, the first of which is related to behavior, which is an insult and the second is related to the public and the investigative bodies, if the two prove together until the crime is in place.

     This offense is not political unless the court of the subject decides that it is a political offense and that it was committed by political motivation or that is the subject of general or individual political rights.

We suggest that the Iraqi legislator reconsider Article 225 of the Penal Code, which was suspended by order of the CPA (No. 107, Section 2, paragraph 1) to complete this stage so that it can be guided if this crime is committed in the future.

      We propose that the legislator review article (226) of the Iraqi Penal Code for a reference also to the same Order No. 107, which is the issuance of a written order from Administrative Governor Bremer and this is in force until now, so that the decisions issued by the courts are flawed in the crimes I have dealt with This article is in the future.

     We propose that the legislator reconsider the financial penalties he estimates for a number of crimes and issue an amendment to them ten times more than the value stipulated in the laws that provide for a fine in case of violation by others by being uniform and proportionate to the amount of danger or damage Which result from them.