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خصوصية اجراءات الدعوى الجزائية للحدث : دراسة مقارنة مع المواثيق الدولية == Privacy Of The Crminal Lawsuit Procedures For Juvenile A Comparative Study With The International Charters

اسم المؤلف: اسماء ابراهيم حسين حبيب الشمري

اسم المشرف: صباح سامي داود

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون الجنائي

الدرجة: ماجستير

الجامعة: جامعة بغداد - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: ان الدعوى الجزائية للحدث تتمتع بخصوصية تختلف عن الدعوى الجزائية للبالغ، وتتمثل تلك الخصوصية بالاجراءات المتخذة قبل الحدث سواء في مرحلة التحقيق او المحاكمة وفرض التدابير وتنفيذ تلك التدابير، وان السبب في تميز الدعوى الجزائية للحدث عن البالغ بتلك الاجراءات | The penal procedures for the juvenile have a privacy differ from the penal procedures for the adults.The privacy of those actions taken prior to the event, both in the investigation phase or trial and impose measures and the implementation of those measures and the cause the differentiate of the criminal procedures for the juvenile from the adults returned to the same individual juvenile. Because he is of intrest legislation he represents the age group configuration weak and vulnerable. Including surrounded by but at the same time reparable as well as the judicial organs aims to him through that juvenile privacy in treatment and evaluation and repaired and brought back useful element in the community. So to the importance of the juvenile as age group interest to the community We focus in this study to examine the characteristic of the penal procedures for the juvenile from those of the crminal procedures for adults we work to high light the privacy enjoyed by crminal procedures for juvenile by comparing the actions taken for juvenile with the actions taken for adults both in the investigation and trial phase. Then compare it with the international standards through the study of the united nations convention on the rights of the chiled in 1989 and the standard minimum rules for the administration of juvenile justice " Beijing rules for the year 1985"and international pledge for the urban rights and politics in1966 and united nations for the protection juveniles who deprived from their rights In 1990 and the instructional principles of the united nations for preventing juvenile delinquency in 1990. In an attempt to show the extent of matching the measures taken by the Iraqi juvenile courts with international standardsWe will discuss the subject of our mission in detail through three chapters. In the first one we will discuss the juvenile and the legal regulation of juvenile courts.We will devote the first part to the definition of the juvenile and the second part includes the court proceedings and the second chapter we will clarify the crminal procedures for the juvenile which includes the first section to clarify the investigation procedures and the second section includes clarifying the court proceedings.And the third chapter we will devote it to clarify the verdicts of juvenile courts and ways to implement and we will discuss the chapter in three sections the first : we be about the measures issued against the juvenile.The second : t clarify ways to appeal verdicts and the provisions of the statue of limitations.The third : to clarify the implementation of the verdicts and super vision.As mentioned earlier at all of that will be compared with international conventions.We have reached through our research several results and the most important was that the Iraqi legislator is considered one of the first lawmakers who they adopted criminal policy based on protection , repair and care the juvenile through what is contained in the juvenile welfare act of measures lacking in other countries laws, including text on the study of the personality of the juvenile in the investigation stage without simply provides personal study only in the trial stage, and entrust the mission of personal study to the office of personal study, which is the Iraqi legislature from law makers who have distinguished them selves by providing for the formation of an integrated so, as well as the lack of text in the juvenile, but sufficient therapeutic and correctional and educational measures, and this indicates any thing but indicates that the Iraqi legislatures commitment to international standards which makes the interests of the juvenile is the favorite

المسؤولية التقصيرية الناشئة عن استعمال الانترنت == Tort Arising Responsibility Of Using Internet

اسم المؤلف: احمد جعفر شاوي الغراوي

اسم المشرف: عباس زبون عبيد العبودي

الموضوع العام: القانون

السنة: 2016

الموضوع الدقيق: القانون المدني

الدرجة: دكتوراه

الجامعة: جامعة بغداد - كلية القانون

اللغة: العربية

مكان الجامعة: بغداد

الصفحات الاولى:

المستخلص: ونحاول في هذه الدراسة ان نبين مسؤولية اشخاص الانترنت عن تعويض الاضرار الناشئة عن استعمال الانترنت , ومستخدم الانترنت هو الشخص الذي يلتحق بالشبكة العالمية بقصد الحصول على المعلومات او بقصد بثها على المواقع المنتشرة على صفحات الــ web فهو في الحالة الاولى ي | With reference to the technology development in the contemporary life, and the modern technology methods that widely used in most aspects of life especially in such legal aspects; which caused many problems that need solutions through legislative treatments. Most obvious problems were related to what we are taking about in this dissertation under the title "Tort Arising Responsibility of Using Internet", which includes many legislative problems starting from selecting Internet users, selecting who's responsible for this illegal use and how to improve that, moreover, we have Internet suppliers, sub - suppliers and the end users that caused this legislation. In addition, there is another problem that related to who is responsible of such illegal jobs through using Internet; and the arguments that took place accordingly, especially about the responsibility of the Internet suppliers because they are already technicians and have good experiences in this filed. Thus, the weighting balance was accepted the theory of material responsibility for assessing the responsibility on the basis of the damage without regard to the element of error and forcing the injured to prove the fault.Other problems that caused through using the Internet is how to select the errors with damages itself and the caused relationship, in which we noticed the contrasts of them according to the illegal method of using Internet.Moreover, the problem here is how to select which law that we have to apply especially we are talking about a global means, so almost, the damage happened in another country with more than one damage; exactly, like the assault on the Intellectual Rights that caused both literary and real damage, through publishing these workbooks from one of Internet users to the common, then saving them easily by many people. And another common example, is publishing the viruses through the Internet and hookers of such social method that caused many damages all around countries.After this discussion, there is a complex issue that related to the responsible court of these conflicts and how to estimate the compensation, in which it is very difficult to apply the common basis of civil law that leads us to apply such novel basis through an amendment to the provisions of civil law, or solving these problems under the Iraqi provision no. 78 for the year 2012 of electronic signatures, electronic process as well as the electronic contracts to include the provision of Tort Arising Responsibility of Using Internet for helping the Iraqi Judgment to solve such problems especially those who related to publishing issues.