A scientific committee at the College of Law / University of Karbala discussed the doctoral thesis of the student Alaa Yasser Hussein, tagged “Provisions of the adjective in the criminal base, a comparative study”.
The study aims to show that the criminal rule is sometimes addressed to people in their natural capacity, and at other times it addresses them in their moral capacity. or not. For example the crime of bribery in which the capacity of the employee is an assumed element in the construction of the crime and the responsibility for it is realized, and the criminal text may address the individual as kinship, and entail rulings on the severity and severity of the punishment.
The study also showed that the criminal law, just as it arranged important provisions for the character of the offender, also arranged provisions of the same amount of importance for the character of the victim, as it made the verification of the character in the victim, sometimes an aggravating circumstance for the penalty, as in the case of killing one of the branches of his assets, and in return made verification A specific adjective is a circumstance mitigating punishment, such as the wife concealing her runaway husband, as well as the wife stealing her husband’s money.
The researcher reached several results, the most important of which are: that the Iraqi legislator did not regulate the trait in one aspect, but differed in stating its provisions between mitigation, strictness, and exemption. the crime.
What is well-known in criminal jurisprudence is that the objective criminal rule is a peremptory rule in its origin, and it is divided into negative and positive rules, and at the same time, the criminal rule is not limited to the order to abstain and perform, but also sets rules related to the reasons for permissibility, to negate the incriminating character of behavior.
The researcher suggested a number of suggestions recommending that the legislator comprehend the trait according to a modeled methodology, aiming to make the trait a specific part or characteristic of the characteristics of the criminal rule, so that it leads to making the criminal rule easy to understand and define and visualize.
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