THE POLICY OF CRIMINALIZATION IN THE IRAQI DOCTORS PROTECTION LAW (ANALYTICAL STUDY)
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Abstract
This research, tagged with (the policy of criminalization in the Iraqi Doctors Protection Law - an analytical study), deals with an important and vital topic of criminal law jurisprudence, and related to the legislator's criminal policy in the Doctors Protection Law, because the legislator's reliance on a successful criminalization policy in this law will inevitably lead to Securing a degree of appropriate protection for this important segment of society in order to give them a measure of freedom to practice their lofty work away from fears of attacks or illegal clan claims, as We divided the study into a prelude to clarifying the nature of the criminalization policy in general, in which the concept of criminalization policy was addressed and its criminal distinction on the policy of punishment, and then they complement each other, as there is no criminalization without punishment and no punishment without criminalization of a specific behavior, to follow it with two demands, the first of which came under the title of criminalizing illegal clan claims, which was divided into two branches. One of the innovations in the criminalization policy in this law is that the Iraqi legislator had previously criminalized this act and punished it with almost the same penalty, according to Revolutionary Command Council Resolution No. 24 of 1997, as for the second section, we discussed in its framework the pillars of this general and specific crime represented by the victim's status in this crime and his being a doctor. In it the legislator referred to the provisions of Articles (229-233) of the Iraqi Penal Code in terms of showing the forms of assault and its criminal penalties, in which the behavior expands to include several forms, the most important of which are insulting the doctor, assault, resistance and intentionally preventing him from performing his duties. The second section is devoted to examining the elements of the crime of assaulting doctors; let’s end our research after that with a conclusion that includes our conclusions and suggestions
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