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اتجاهات السياسة الجنائية المعاصرة في مكافحة جرائم المخدرات : دراسة مقارنة == The Attitudes Of Contemporary Criminal Policy In Fighting Drugs Crimes : A Comparative Study
Author name:
سعيد كاظم جاسم الموسوي
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:
13T1486 - p.pdf
Abstract:
يعد موضوع السياسة الجنائية من الموضوعات المهمة التي تعمل على تطوير القانون الجنائي عن طريق توجيه المشرع الذي يسن القانون, والقاضي الذي يقوم بتطبيقه والمؤسسات العقابية التي تضطلع بمهمة تنفيذ الجزاء الذي يقضي به القاضي بهدف مكافحة الاجرام. وبما ان جرائم ال | The topic of criminal policy is considered as one of important topics which works at developing the criminal law by directing the legislator who enacts the law, and the judge who applies it and the penal institutions specialized in the task of executing the punishment given by the judge aiming at fighting crime. Since drugs crimes are regarded as one of the crimes from which commitment a group of social, economic and health problems are resulted until they became in some countries the crisis of all crises, which necessitate a contemporary criminal policy of a renewing attitude characterized with elasticity and capacity of development to confront the change occurs on this kind of transnational crimes so that it can formulate the criminal legal texts which are keen to insert most actions illegally related to drugs within incriminating circle, as well as determining the punishments and measures which it can face, where the appropriate penalty is the one that its forms, applications or choices are achieved to the possible highest degree of objectives or goals which the legislator thinks the most important and beneficial in fighting drug crimes.The contemporary international criminal policy was interested in fighting the actions illegally related to drugs in any form whether agriculture, industry or trade and taking through determining a group of international agreements in this field directed to extend the incriminating circle by incriminating most actions illegally related to drugs materials except the actions related to those materials for medical and scientific purposes only. Also, the comparable internal criminal legislations varied in their criminal policy orientations determined to fight drugs crimes and their prevention, for some of these legislations set the punishment of execution as an obligatory punishment to the committers of those crimes aiming at trading them due to drug dealers and others who seek illegal gains by the easiest and most available way and do not hesitate in manipulating the interest of various society classes in whom they kill all life constituents by depriving them from their sound conception and their capacity to give; therefore, there is no way to deter them but by adopting a criminal policy of severe attitude in its penal aspect, while other legislations adopted a moderate attitude in its penal policy towards committing one of drugs crimes even if they were committed for mere trade by setting the execution punishment as a possible penalty in case of its non association with one of the legal conditions necessitating the punishment severity. The contemporary criminal policy asserted the prevention roe as a means to fight drugs crimes by revealing the factors and causes pushing to take, have or trade drugs like confronting the risk of economic and social states, and concentrated on taking the means that will limit the illegal drugs trade through working at lessening the demand scale of drugging materials for non scientific and medical purposes, as well as controlling the legal drugs trade through the control system which is considered as one of the important means adopted by the contemporary criminal policy to control the illegal treatment with drug materials and to prevent any leak of those materials to illegal markets. Of the most important controlling instruments set to organize the legal dealing with drugs are the system of licenses and dealing where this system imposes on drug owners the necessity to have written licenses from specialist directions. The criminal policy set to fight drug crimes is interested also in treating the addicts who take drugs in that the contemporary criminal legislations related to drugs tended to grant the judge the estimating power in selecting the penalty against the accused addicted to drug taking or instructing to send him to one of the treating sanatoriums specialized in treating addicts, as well as agreeing on a group of necessary legal conditions to increase punishment severity aiming at tightening the criminal confrontation to crimes characterized with danger on social interests such as drug crimes and estimating some considerations which require severer penalty against everyone who has illegal connection to drugs, in that the function of severity causes is in paving the way to more proper use of the judge's estimating power aiming at achieving a whole appropriateness between the penalty he pronounces and the claim reality conditions which require more severity than allowed by law.
