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الحماية الجنائية للقرابة : دراسة مقارنة == The Penal Protectionism For The Kinship (Comparative Study
Author name:
سعيد حسين جودة
Supervisor name:
تميم طاهر احمد الجادر
General topic:
Law
Specific topic:
Criminal Law
Degree:
Master
University:
Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1485 - p.pdf
Abstract:
تعد القرابة احدى المؤسسات التي يتكون منها المجتمع، ومحركا للعلاقات الاجتماعية والاقتصادية والسياسية، لهذا فالاهتمام بالقرابة والحرص على النسب من اهم النزعات الانسانية التي تشترك فيها المجتمعات الانسانية قديما وحديثا، وان تفاوتت في هذا الاهتمام والحرص. | The kinship in the community workers organized for the behavior of its members each to each other, and an engine of social relations, economic and political, for this interest in kinship and concern for the ratios of the most important trends humanitarian involving human societies, past and present, and varied in this interest and concern. Kinship in any community need by virtue of its position social to a minimum of care to ensure that its on solid foundations they represent the value of the society's values and interest should be protected because of its benefits to individuals and society together, these benefits are the functions performed by the kinship of the individual and the role of the state outweigh its importance. So it has won its share of criminal protection without sufficient civil protection. It is known that the study of any subject requiring a statement concept and are rooting through his historic statement of what it is. Therefore, the required study the issue of legal protection for kinship in penal legislation - a comparative study, that we are embarking upon a brief review of the most important features of the historic this protection, given their importance in a statement agreed by communities relict of different customs and beliefs to employ those experiences in cemented kinship and sustainability principles love and affection and respect. And then we had to search what kinship statement defined by linguistic and idiomatic. Because kinship system is a social system, was to be a statement of the intended kinship among sociologists and Anthropology and then the statement is intended kinship - in - law has reached a definition of kinship as the Association of Social ratios caused by legal or intermarriage. Then Arzina to show types of kinship in each of the Islamic regulation as the main source for the provisions of the Iraqi Personal Status Law, which is in turn the law inherent to the organization of kinship, as needed, also a statement kinds of kinship in the civil law, where the rules of this law stipulates statement kinds of kinship and divided into grades and showed how to calculate it, one of the important topics that have an impact in the scope statement kinship covered by the specific provisions that came in the penal laws of the care of her. And the fact that kinship is a supreme value in conscience and collective conscience and individual, and because of their importance in the lives of individuals and the community together, it was necessary to address the interest of the prestigious of protection, and the statement of the basic functions performed in the lives of individuals, making the intervention of penal legislation to protect social necessity required interest society and individuals together. The legislator criminal when adopting an interest worthy of protection of the law, it is the use of tools and means of the special, a means and a variety of tools, and we can say that the legislature criminal has mocked a lot of liquid that for the protection of kinship, and most important of these means criminalized any act prejudicial kinship and threatens the permanence and stability, returned them element or condition assumed in the criminalization of certain acts, for example, acts that threaten the marital relationship and stability such as treason marital and come to a marriage contract null and void, as the offense any act that affects the proportions of the child to his parents, the real, as the offense abandoned the family, abortion and the other emotion that has been shed to light in the course of research. On the other hand, the legislature has permitted the behavior of some of the offenses established, any consideration of kinship cause of permissibility, and for the same purpose, and the illness envisaged by the legislator of criminal offenses urgent kinship, a Time, and the stability of family ties, and therefore has permitted the legislature acts of discipline, whether to discipline the wife or to discipline the young, as the legislature has permitted a husband to have intercourse with his wife, unwillingly, has been targeted by criminal legislator behind the permissibility of such control and the stability of family ties guided by the provisions of the Islamic regulation. For the purpose of completing the requirements of the study and take the subject in all its aspects had to be dealt with after a kinship that leave the punishment and criminal procedures. We found that the impact of kinship on punishment manifested in three pictures : Sometimes the kinship cause blocking of punishment, which is the so - called protected reconstructive about, and sometimes the kinship has reduced the punishment, taking into account her, and at other times be a reason to tighten punishment, which can be called for the protection of deterrence almost. But on the impact of kinship on Criminal Procedure has been shown us that this effect is evident in the use of the criminal case where making the legislator to provide near the victim's complaint against his neighbor offender requirement to move the criminal case in many of the crimes that take place between relatives as a crime by weight of marital and robberies that occur between couples or between assets and branches and other crimes defined by the legislator penal limited to, have completed the legislator to protect kinship by stopping continue actions criminal case by giving the victim near the right to transfer the complaint after agitated or Magistrate or forgiveness for the perpetrator or convict. It was a statement following a kinship to some of the means of proof, such as certification and experience, and was finally subjected to a statement after a kinship to the execution of the sentence, where we found that for nearly an impact in stopping the execution of the sentence, as in the case of marriage snap of the hijacked, and that kinship impact on the postponement of execution of the sentence as in the postponement of the implementation of the death penalty for a pregnant woman to protect the branch, which has no guilt in criminal origin. We have been through this for the study of many of the conclusions and proposals that have been included in the conclusion of the message
