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احكام الزعم بسبب شرعي في الالتصاق الصناعي : دراسة مقارنة

Author name: جمال عبد كاظم الحاج ياسين

Supervisor name: عباس علي محمد الحسيني

General topic: Law

Specific topic: Civil Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Private Law

Language: Arabic

University location: Babylon

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مسؤولية الشريك عن النتيجة المحتملة : دراسة مقارنة

Author name: منى محمد عبد الرزاق

Supervisor name: حسن عودة زعال حبيب الغانمي

General topic: Law

Specific topic: Criminal Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

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القرار الاداري المضاد : دراسة مقارنة == Act Administrative Contraire

Author name: صادق محمد علي حسن الحسيني

Supervisor name: محمد علي جواد كاظم

General topic: Law

Specific topic: Administrative Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

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التضامن الصرفي في الاوراق التجارية == Exchange Solidarity in commercial papers

Author name: يوسف عودة غانم المنصوري

Supervisor name: مجيد حميد العنبكي

General topic: Law

Specific topic: Commercial Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Private Law

Language: Arabic

University location: Babylon

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ضمانات سلامة احكام المحكمة الدولية الجنائية : دراسة قانونية وفق نظام روما الاساسي لعام 1998 == Warranties of Faultless of Judgement's of the International Criminal Court : Legal study in accordance to the Rome Statute 1998

Author name: سنان طالب عبد الشهيد الظفيري

Supervisor name: علي زعلان نعمة العبادي

General topic: Law

Specific topic: International Criminal Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

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ضمانات القاضي في الشريعة الاسلامية والقانون : دراسة مقارنة == THE JUDGE’S GUARANTEES IN ISLAMIC SHARIHA AND LAW : COMPARATIVE STUDY

Author name: حامد ابراهيم عبد الكريم الجبوري

Supervisor name: صبري حمد خاطر

General topic: Law

Specific topic: Civil Procedure Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Private Law

Language: Arabic

University location: Babylon

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حدود رقابة القضاء الاداري على القرارات التي لها قوة القانون

Author name: فارس عبد الرحيم حاتم

Supervisor name: محمد علي جواد

General topic: Law

Specific topic: Administrative Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

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العلانية في قانون اصول المحاكمات الجزائية العراقي : دراسة مقارنة

Author name: حسن حماد حميد الحماد

Supervisor name: حسن عودة زعال حبيب الغانمي

General topic: Law

Specific topic: Principles of Criminal Trials

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

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المسؤولية الجنائية الناشئة عن الاهمال : دراسة تحليلية تطبيقية مقارنة == CRIMINAL RESPONSIBILITY CREATED BY NEGLIENCE : An Analiytic Applicable comparative study

Author name: عادل يوسف عبد النبي الشكري

Supervisor name: حسن عودة زعال حبيب الغانمي

General topic: Law

Specific topic: Criminal Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

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وثيقة التامين العائمة في النقل البحري : دراسة مقارنة

Author name: سماح حسين علي

Supervisor name: ابراهيم اسماعيل ابراهيم الربيعي

General topic: Law

Specific topic: Commercial Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Private Law

Language: Arabic

University location: Babylon

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المسؤولية الجنائية عن جريمة تبييض الاموال : دراسة مقارنة == The Criminal Responsibility in Money Laundering Crime : Comparative Study

Author name: عمار غالي عبد الكاظم العيساوي

Supervisor name: حسن عودة زعال حبيب الغانمي | كمال عبد حامد ال زيارة

General topic: Law

Specific topic: Criminal Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

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السلطة المختصة باقتراح القوانين : دراسة مقارنة == The Competent Authority at Proposal of Laws : A COMPARATIVE STUDY

Author name: اشرف عبد الله عمر

Supervisor name: رافع خضر صالح شبر

General topic: Law

Specific topic: Constitutional Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

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التعويضات عن الاضرار البيئية وتطبيقاتها على العراق == THE COMPENSATION OF THE ENVIRONMENT AND APPLICATIONS ON IRAQ

Author name: سرمد عامر عباس الخزاعي

Supervisor name: علي زعلان نعمة العبادي

General topic: Law

Specific topic: Civil Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Private Law

Language: Arabic

University location: Babylon

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تعاقد الشخص مع نفسه : دراسة مقارنة

Author name: علي عبد العالي خشان الاسدي

Supervisor name: علي عبد العالي خشان الاسدي

General topic: Law

Specific topic: Civil Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Private Law

Language: Arabic

University location: Babylon

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خيار الرؤية : دراسة مقارنة == The title of the study : The Vision's Choice

Author name: معتز محمود حمزة المعموري

Supervisor name: ميري كاظم عبيد الخيكاني

General topic: Law

Specific topic: Civil Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Private Law

Language: Arabic

University location: Babylon

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الوضع القانوني للحدود اليمنية - السعودية == The Legal Situation of Yemen - Saudi Borders

Author name: خالد عباس عبد الجليل الديلمي

Supervisor name: عصام عبد الرزاق العطية

General topic: Law

Specific topic: Public International Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

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الحماية القانونية المدنية للترجمة : دراسة مقارنة

Author name: زياد طارق جاسم ال بنيان الراوي

Supervisor name: عصمت عبد المجيد بكر

General topic: Law

Specific topic: Civil Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Private Law

Language: Arabic

University location: Babylon

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اثر الزواج المختلط على جنسية الزوجة : دراسة مقارنة == Marrige effect on wife Nationality : comparison Studies

Author name: مثنى محمد عبد القيسي

Supervisor name: علي زعلان نعمة العبادي

General topic: Law

Specific topic: Private International Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Private Law

Language: Arabic

University location: Babylon

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التنظيم القانوني الدولي لحقوق الاشخاص ذوي الاعاقة : دراسة مقارنة

Author name: فاهم عباس محمد العوادي

General topic: Law

Specific topic: International Humanitarian Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

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الضمان الطولي في نطاق المسؤولية التقصيرية : دراسة مقارنة في القوانين المدنية والفقه الاسلامي == Longitudinal Guarantee Within The Scope Of Tort A Comparative Study In Civil Laws And Islamic Jurisprudence

Author name: محمد قاسم عبد الحميد

Supervisor name: منصور حاتم محسن الفتلاوي | عباس حسين فياض

General topic: Law

Specific topic: Civil Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Private Law

Language: Arabic

University location: Babylon

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Abstract: يشغل موضوع الضمان في القانون المدني حيزا واسعا من حياة الانسان العملية بسبب اثاره الاجتماعية والاقتصادية والسياسية وغيرها، ويعد من المعايير البارزة في قياس درجة جودة وتطور القوانين، لاثره الكبير في طمانة الناس حول استقرار المعاملات ودقة المواد القانو | The subject of Guarantee in civil law an occupies space of the important topics in human life because of its social, economic, political, and other implications, It is one of the clearest standards in measuring the degree of quality and development of laws, because of its great effect in reassuring people about the stability of transactions and the accuracy of legal material guarantee to prevent any bypass or reduce it. This study was about one of the guarantee sources and tackling it, by analysis and comparison between civil laws and Islamic jurisprudence, it is "Multiple guarantors for one thing" Who some Islamic jurisprudence to expressed some of the pictures in the case of succession guarantors term " Longitudinal Guarantee", Because of the ease and accuracy of this term it was chosenas a title for this study. " Longitudinal Guarantee" Means to guarantee the next person who is a succesor of the first to ensure the former person, This term is not stated in the civil laws, but the theme is the "Multiple guarantors", whose common exemples is "a succession of use", It is mentioned in the Iraqi civil law explicitly in Article 135/1, and"multiplicity of guarantors" of Articles (198/1 , 855/2)Iraqi civilian,and others, There can be no alternative term for "the multiplicity of guarantors,", because the term "longitudinal Guarantee " is specialist in the absence of solidarity among the guarantors. This study has the definition of the rule of Longitudinal Guarantee within the scope of tort as : The new user directed to guarantee that the thing that is guaranteed by a former aggressor. Which are common examples in the multiplicity of successive guarantors in property disputes, and aspects of treatment , and the proposal to amend some legal materials like, ( 199.210 ) Iraqi civilian.

الضرورة والتناسب في التجريم والعقاب : دراسة مقارنة == Necessity An D Proportionality In Criminalization And Punishment A Comparative Study

Author name: محمد حميد عبد

Supervisor name: محمد علي سالم جاسم الاسدي

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

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Abstract: When we study the general authority of criminalization and punishment , especially when we focus on the basis that the legislature depend on them when practice its discretion in criminalization and punishment , we need to study two important doctrines , which are the doctrine of necessity and the doctrine of proportionality.To deal with the aspects which relate to those two doctrines , we divided this study into two parts. The first part deal with the semantic and the legal meaning of the necessity and proportionality. To clarify the meaning of those two concepts we search for their applications in Islamic jurisprudence , and convert to their applications in all legal aspects. In legal aspects we denoted to some provisions in constitutional legislations which mention the necessity and proportionality as an important doctrines to recognize the relation between the state and the citizens. Then we talk about the emergence of those two doctrines in the domain of Private Law especially in its principle branch which is Civil Law. In addition to that , we set up the applications of the necessity and proportionality in Administrative Law which produced several theories about the obligation on all the administrative branches to consider those two doctrines in their activity to do their tasks.The second part of this study is devoted to conceptual meaning and the different applications of the necessity an proportionality in Criminal Law.In this part we talk in details on the criteria of the legislature to preserve the necessity and proportionality in the domain of criminalization and punishment. We explore some examples on the ways of the legislature to make a balance between the individual liberties and the public interest and the means of the legislature to reach such a balance.To make such a balance between the individual liberties and public interest , the legislature have a legislative discretion , but this discretion is different in its level according to the kinds of the rights which constricted by the criminal statute.We clarified that the legislative discretion in the domain of criminalization and punishment is subject to the judicial review.And the level of the judicial review on this discretion is not the same. There is a strict scrutiny on this discretion when the criminal legislation deal with a fundamental right or liberty , otherwise , there is a minimal scrutiny. We search for those levels of judicial review in the comparative courts , in France , Egypt , and the Iraqi Supreme court. After the Almighty God help us to finish this study , we concluded several results , and produced some proposals , hoping that they will be useful for our legislature to achieve the doctrine of necessity and the doctrine of proportionality in the domain of criminalization and punishment to preserve the criminal justice.

المسؤولية الجزائية للموظف عن جريمة الاضرار بالمال العام : دراسة مقارنة == The Criminal Responsibility Of The Employee For The Crime Of Damage To Public Property

Author name: شاكر عثمان داود التميمي

Supervisor name: صعب ناجي عبود | علي حمزة عسل الخفاجي

General topic: Law

Specific topic: Criminal Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

Abstract: تناولنا موضوع البحث (( المسؤولية الجزائية للموظف عن جريمة الاضرار بالمال العام - دراسة مقارنة )) لكونه من المواضيع المهمة والكبيرة على الصعيد القانوني والاقتصادي حيث ان حماية المال العام من الضياع والهدر وبشكل عام الاضرار به باي وجه من الوجوه يتسم باهمية | The Achtjarmodua Search ((criminal liability for the employee for the crime of damage to public property)) was big because of its importance because it is exposed to the most important pillar of Iraqi society, which is the protection of public money from loss, waste, and which in turn helps the state to promote the economic prosperity and then, the protection of public money from the loss and wastage a prominent importance of the practical and theoretical level close to its association with an entity economic state, that the criminal law is substantive, both the procedural is highly effective in protecting public money from loss and waste, other than the protection contained branches of other laws it is hard to enter the legislature Al - Hinai prohibition be in order to protect public money loss and wastage characterized as a singularity in interest, a public interest and not personal and protect these interests determine legislative illness from the criminal rules incriminating, so we approached the research plan on the three chapters and Study introductory we had in the first quarter judgments involved in the crime of the year Aladhararbalmal the second chapter of what crime the damage to public property the third chapter the legal consequences of the crime Aladhara R. public money down to the finale on the conclusions and recommendations and focused depicts the key to the crime of vandalism public employee public funds and breach of employee deliberate government contracts in general to study this type of crime in the area of criminal law will be part of the research methodology and analytical comparative between French law, Egyptian and Iraqi with reference to some criminal laws related to the search, according to the requirements of

صياغة الحكم الجزائي : دراسة مقارنة == Formulation Of Penal Judgment Comparative Study

Author name: حيدر حميد صبري الخزاعي

Supervisor name: علي حمزة عسل الخفاجي | حبيب ابراهيم حمادة الدليمي

General topic: Law

Specific topic: Principles of Criminal Trials

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

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Abstract: The legal formulation represent the transferring or modifying the original material of the legal context for the legal rules and formulate it in the legal text which aimed to achieve or get an advantage to fulfilment the legal policy, the formulation is very important elements of the legal rules elements because it is gave the rules the practical forms of implementation, regarding to the penal judgment in the judicial work which represent the general form of announcement the judicial willing or volition, which represent its aim and desire, the purpose of the penal judgment is to judge or solve conflicts according to the law.The typical formulation of the judgment represent all of the judgment contains as the data, its elements and its core which can’t be divided or separated because they are parts should be available in the law, put before this data there are some correct procedures should be followed before formulating the judgment which are court stamp, deliberating or discussing the judgment, writing the judgment, while for the data of formulating which represented by the judgment preamble, statement and its causes, otherwise the judgment formulation is not typical, which lead to refuse or reject the panel judgment some times, therefore panel judgment should have the data which are judgment preamble, statement and its causes, because this data is completed each other.May be there is a mistakes in the panel judgment through its formulation from the competent court, and according to these mistakes which identifying in the panel judgment several affected through its corrections, in the same time the mistakes are not in the same level or degree, the mistake may be essential ones, therefor the court will reject the judgment, while if the mistakes are not essential the court of the subject can correct or adjustment the formulation, therefore the legislation determine the methods to avoid these mistakes, what follows on these mistakes of affects in the panel judgment.To present the ideas of our thesis I divided it as the following, I’ll research in the first chapter the typical legal formulation of the panel judgment, while in the second chapter is about the typical formulation data of the panel judgment, in the third chapter the correction of the mistakes of the formulation the panel judgment and the affected which will follows, finally my thesis ended by the conclusion which summarize what I reached of results and suggestions

السؤال بوصفه من وسائل الرقابة البرلمانية على اعمال مجلس الوزراء : دراسة مقارنة == The Question To Be Discriped As The Parliamentary Control Matters On The Acts Of Ministers Council A Comparative Study

Author name: محمد فاهم سلمان

Supervisor name: عدنان عاجل عبيد

General topic: Law

Specific topic: Constitutional Law

Degree: Master

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

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Abstract: اصبحت الرقابة البرلمانية من الموضوعات الاساسية التي تحرص الدساتير على النص عليها، كما ان ممارسة الرقابة البرلمانية تعد ضرورية لضمان عدم انحراف وتسلط الادارة وقيامها بالعمل على وفق السياسة العامة للدولة، فضلا عن انها تنصب على المخالفات، كل ذلك جعل الدس | Parliamentary control has become one of the key issues that are keen constitutions on the text on them, and that the practice of parliamentary oversight is essential to ensure that no deviation and shed management and its work according to the public policy of the state, as well as they focus on irregularities, it all made constitutions governing the methods and procedures of parliamentary oversight. This is parliamentary control aspects of the work of the government or one of its members and their equivalents in the multi - media owned by members of parliament direction of against him, and most important of these means the right of Parliament to ask the Prime Minister or a minister in respect of the affairs under their specialty, is the question parliamentary one way owned by the members of parliament in the face of the government and that enables them to follow government activity in various quarters documented in a formal way, in order to ensure the functioning of the executive branch, according to the will of the nation and its will, especially since the parliamentary oversight is an essential task exercised by the parliament on the agenda and the government's actions and be held accountable when failure to perform its functions in the public interest. Thus, the question is a regulatory tool aimed MP from which to obtain information about something unknown, or check get caught arrived knowing him or find out what the government intends to take in something, and the question several types as may be written in terms requires this type of questions be answered in writing, which may be orally and here are the answer verbally in front of members of parliament, and may be the question sooner draw in case there is an urgent and necessary, and as an asset in not directed at these questions only in matters within the jurisdiction of the government because the government is not responsible for the things that He graduated from the scope of its jurisdiction. And that the objective of the study is to identify how they are to ask the question Parliamentary to the government of the Prime Minister and Ministers concerned by the statement of the conditions necessary to bring the question and procedures, and effects that can arrange it after submitting conform to these conditions and due process, and we decided to shed light on the subject of Parliamentary question by dividing the subject of research in three chapters we discussed in the first parliamentary question what, and we have dedicated the second chapter to the subject of the statement and question the parliamentary procedures, while the third chapter Me effects that can result from asking the question Parliamentary

السياسة الجنائية في تنفيذ العقوبة : دراسة مقارنة == Criminal Policy In The Execution Of The Sentence Comparative Study

Author name: حسن خنجر عجيل التميمي

Supervisor name: محمد اسماعيل ابراهيم المعموري

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

Abstract: يعد موضوع البحث من المواضيع المهمة لانه يبحث في السياسة الجنائية في تنفيذ العقوبة، بما تمثله لمجموعة الوسائل التي تستخدم لمنع الجريمة او في العقاب عليها، اي انها العلم الذي يدرس النشاط الذي يجب ان تمارسه الدولة لمنع الجريمة من خلال ما يسترشد به المشرع ف | The research topic considers a great importance that revolves around the criminal policy in the execution of the sentence, the penal policy represents a group means used to prevent the crime or to punish it, as it is science that studies the activity that the state must practiced for the prevention of crime and punishment for it through the guiding by the legislature in the fight against crime investigator with the balance between the requirements of the state's right to punishment and implementation of social security in order to protect the interest and the penalty which is to be determined by the legislator and the judge sentenced on every person who commits or abstaining the crime, the law considers it a crime. The stage of execution of the sentence is the stage in which achieved the goal of punishment, and it should work force to achieve power. Implementation is not only deprive the convict the right of his rights according to modern criminal policy, but it is something deeper than that crystallized in the re - sentenced raising him and his rehabilitation of social life away from the risk of deterioration in the crime, though deeply as it is embodied in the implementation of the custodial penalties. The penalty execution considers as a practical translation of the verdict of the criminal conviction, which confirms the importance of this phase and the following phase of punishment for different implementation methods and depending on the quality of criminal penalty. The research is addressing a range of dilemmas seeks to develop an effective criminal policy for the execution of the sentence in order to protect the fundamental interests of society and to achieve greater stability, as well as the need to highlight the sources of the penalty policy, and where they are derived and what is their source, in addition to the execution of the penalty is the ultimate goal, which seeks legislator to achieve after going through several stages, since the occurrence of the crime through the investigation and judgment through the implementation, and we're looking at the best ways and means to ensure their implementation at the same offender, and to the extent necessary for punishment is in line with the gravity of things to do and dangerous criminal without trespassing on his humanity , but versa must search for the best means of implementation to return people together in the community, through the development of rules determined against which the drafting of the texts of the criminal law, the objective was the mother of procedure through which the execution of the sentence ensures the rights of the convict and to ensure that the interests of society, and perhaps the most prominent of these dilemmas about the nature of execution of the sentence is that do you implement the punishment is an act administratively, or pursuant to a judicially, or pursuant to a mixed, and which is a guarantee for the rights of the convict from the arbitrariness of an authority to exclusivity order execution, and at the same time bring us to protect the interest of society in the cropping of the offender and the achievement of the objectives of punishment. The second problem lies in the criminal policy sources in the execution of the sentence, as the law, including the execution of the penalty procedures to find the basis of the will of the legislature, according to the doctrine of positive law, and therefore what is based on the legislator to take his vision to develop procedures for the implementation of the punishment. The third problem about the appearance of the criminal policy of the implementation of the death penalty, as the implementation of the death penalty leads purpose and objective through the implementation within the prison, or to find a public execution in order to lead the purposes and objectives of implementation, particularly in terrorist crimes, to be the instrument of a general deterrence and investigation to justice.The study research in criminal policy in the implementation of the original penalties of corporal punishment and negative sanctions for freedom and financial sanctions axis, as well as criminal policy in the implementation of sub sanctions embodied in the penal ancillary and supplementary penalties and precautionary measures, which is the second part of criminal penalty, according to the provisions of the Iraqi criminal law and some of the criminal comparison laws