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الحماية الجنائية للعقار == The Criminal Protection For The Property
Author name:
كاظم عزيز معيلي الانباري
Supervisor name:
احمد كيلان عبد الله
General topic:
Law
Specific topic:
Criminal Law
Degree:
Master
University:
Al-Nahrain University - Collage Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1655 - p.pdf
Abstract:
1 - The Iraqi criminal lawgiver insure the criminal protection for the property for the properties of persons and state, the lawgiver authorize the criminal protection for the properties to the law of punishments No. 111 for year 1969 (amended) according to its items (1,6,7), that its role put a texts of conviction and punishment on it whether this property for the persons such as lands , building , houses ,or for state such as lands , building , establishments, public properties ,special properties , and whether it were done by normal person , employee , or taxpayer of public service such as crimes of invasion of houses , attack on the property , confiscation it by force , damage it by destruction ,burn , flood , or by transfer or remove the border between the properties of the persons , or between the properties of persons and the state whether this property was be pure or charitable entail .This research deal with the crime that touch the security or independence of inside or outside of state such as crimes of external armed military raid or occupation on region of Republic of Iraq by one state or many foreign unfriendly states whether this occupation happen as full by fail regime and put it under the government of direct military occupation or entrance of armed military enemy in the land of Iraqi state region, or entrance in its part , or occupation for city , or village , and full control by direct military , or the neighbor country doing a crimes of transfer , remove, or change the region borders , marks , or official border support for Iraq .The criminal lawgiver for the crimes that were located on the properties of persons and state from the crimes that were seen by criminal judge of property location , and the local court of misdemeanors only specify for the lawsuits of properties if the crime as misdemeanors , but if the crime as felony this lawsuit was deal by court of felony according to the type of crime and danger of guilty .2 - Then the lawgiver authorized to the principles law of the criminal courts No.( 23)for year (1971) (amended) a responsibility of take the necessary criminal procedures to move the lawsuits of properties according to the items(1,2,3,9) starting from direct indictment and the judicial and primary investigation , transferring , pleading , and the decision until executing the decision that was issued for the guilty after this decision was granted the final degree without the objection when finish the legal period by executing the decided punishment by jailing the guilty for complete the decision of guilty .3 - Then the lawgiver authorized to the criminal judgment to take the pleading procedures by the public , facing , and oral method according to the judicial organization No.(160) for year (1969) (amended) item (1/first) to achieve the justice , and making authority of the justice accordance for the natural and moral persons as public and special at the item (3) , and making the pleading as public except the court diced to make this pleading as secret to save the public system and considerateness the public ethics or family sanctity , and spoken of decision as public at the item (5) , then making the decisions have issue and executing vicarious the people at the item (6) .
