16 Jan 2022

The Faculty of Law at the University of Karbala discussed a master’s thesis tagged: “The Crime of Electoral Bribery in the Iraqi Parliament Elections Law No. (9) for the year 2020” (a comparative study). The message was submitted by the student Ammar Fadel Zayer.
The study aimed to show that the criminalization of this act works to provide the necessary criminal protection for the democratic process, as this study highlighted that the crime of electoral bribery enjoys flexibility, as it is not determined by a specific place or time, as it occurs in all stages of the electoral process, and it is a crime of multiple forms and methods. This is what is difficult to detect, as well as to eliminate it, and the wisdom of criminalizing electoral bribery stems from the philosophy of maintaining the principle of freedom of voting that governs the electoral process, and the integrity of that process, while the wisdom of criminalizing ordinary bribery (bribery of a public official) stems from the philosophy of preserving the public interest and preserving On the prestige and integrity of state institutions.
In the conclusion, the researcher reached a number of results and proposals, the most important of which is that the Iraqi legislation suffers from a legislative shortcoming in fully addressing the crime of electoral bribery. , and also did not stipulate the restrictions on the electoral campaign and that, prevent its commission; Therefore, our study recommended the Iraqi legislator to benefit from the experiences of comparative electoral legislation, by finding a new legal organization to confront the cases referred to in the study, including the tightening of the penalty for that crime to the extent that it is equal to the traditional bribery penalty, the provision of procedural provisions for electoral crimes, and the formation of a court Specialized in examining criminal cases arising from it, and this study called on the Iraqi judiciary to bestow its judicial protection on the electoral process, by adopting everything that achieves the purpose of criminalizing some acts within the electoral law.


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