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مبدا المساواة في القانون الجنائي : دراسة مقارنة == Principle Equality In Criminal Law Comparative Study

اسم المؤلف: حسين ياسين طاهر
اسم المشرف: اسراء محمد علي سالم
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الجنائي
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: مبدا المساواة من المبادئ الاساسية التي يتوقف عليها تحقيق العدالة من خلال ضمان عدم التمييز بين الاشخاص بسبب الجنس او العرق او القومية او الاصل او اللون او الدين او المذهب او المعتقد او الراي او الوضع الاقتصادي او الاجتماعي، لذلك يكفل عدم التمييز بين الاشخا | Equality is regard as a basic principle in criminal law , the fair depend on equality which is all the people ideal target to reach so the powerful men try to concern and pretending equality this is from one side , from the other side the rules of criminal laws conducted with most important rights of human being like his life , body safety , and his freedom and this is cannot be done without non discrimination because of the race, root , or nationality or color or religion or believe or opinion or economic situation or social situation , so non discrimination among people can guaranteed the equality to convince people with absence of non discrimination , but this can face some difficulties in applying because of the privileges awarded to some people due to their law positions and the nature of protected rights by criminal text laws ,so the literal applying of equality caused non equality due to the un fair affected whom their legal positions or the rights under assault so the legislator working to resolve the non discriminated practically with abstract view regardless of personal considerations due to the coverage of solo discrimination is impossible. to reach the equality and getting the target of penalty and guaranteed its effectiveness the judicial power awarded estimated power to increase the rehabilitation versus the hurts of punishment and because both is reached during executions the judicial power authorize the means which could complete the target of punishment by considerations of personal discriminations.The importance of equality in judicial law include all the texts parts and regulations process parts. the changing in the target of penalty reflects on most principals of judicial law including equality which take a modern concept different from the previous concepts. previously the equality was viewed as numerical legal aspect for all people without discrimination and this is a result for logical criminal concepts but after transition in punishment of crimes the personal standard arise and offender start to viewed as person out of right side and the target of punishment is rehabilitations and to reach that the fitness of punishment with the offender should be taken as reality.To cover the subject of research we take it in three parts : The first part is what is the equality in criminal law which is divided into two research the first one subjected to the principal of equality in criminal law.The second part subjected to the basic and its unity of equality in criminal law.The second part subjected with the legal provisions of equality in criminal law which include two research the first for texts for equality in criminal law.The second research for regulations of equality in criminal law.The third parts subjected to two researches the first one for exceptions in equality of crimes and punishments which we deal it in two research.The first one for some exceptions for crime and punishment.The second for the exceptions in rules of regulations

نظرية المصلحة في الطعن الجنائي : دراسة مقارنة == The Theory Of Interest In The Criminal Challenge Comparison Study

اسم المؤلف: محمد عباس حمودي حسين الزبيدي
اسم المشرف: حسن عودة زعال حبيب الغانمي | عباس زبون عبيد العبودي
الموضوع العام: القانون
السنة: 2006
الموضوع الدقيق: القانون الجنائي
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: الموصل
الصفحات الاولى:
المستخلص: لاريب ان اهمية المصلحة في الطعن الجنائي بوصفها مصلحة قانونية تمثل هدفا ساميا، جعلها تستحوذ على جانب كبير من عمل المشرع والفقيه، كما انها تمثل محورا تدور حوله اجراءات واسباب الطعن لكل من تظلم من قرار او حكم صدر ضد مصلحته او لم يستجب لطلباته على اقل تقدي | Undoubtedly, the importance of interest in criminal challenge, as a legal interest that represents a lofty aim, occupies a great aspect of legislator or jurist job. Also, it represents pivot of challenge procedures and reasons for anyone who complained of a decision or judgment pronounced against his interest or his demands have not been responded at least. On the other hand, the importance of interest in challenge becomes obvious when it relates to reasons of challenge that belong to a law mistake or procedures invalidity. This makes it relevant to both sections of criminal law. The Iraqi criminal legislator disregarded organizing and manifesting judgments that deal with interest in the criminal challenge, as well as he disregarded organizing a general theory for invalidity in the law of penal courts origins. In order to shed light on essence of interest in the criminal challenge and to determine its historical, legal, international and constitutional basis. In order to shed light on the role of legislation and criminal judiciary to incarnate the interest as an important principle in criminal challenge in legislations and legal applications compared in this study, Therfore the plan study responded to all this date & formation form tow parts. The First is : essence & base of interest in the criminal challenge. The second is : The legislative role of the interest in the criminal challenge theory & it's judicial applications. Part one collapse Tow Chapters, Chapter one deals with the essence of interest in the criminal challenge, concept and principles. Also deals with it's definition, it's conceptions, the basis of interest in criminal challenge, it's limiting, distinction between it & other similar subject. Whereas Chapter two deals with the basic of interest in the criminal challenge in ancient western &eastern legislations, Islamic law, international law and constitutions. Part Tow also contain tow chapters, in the first chapter we study the legislative role of interest in the criminal challenge in the field of substantive and procedural clauses throw the legislative policy of legislator the effect of criminal description of crime to the interest in the criminal challenge. In chapter Tow, the researcher reviewed the judicial applications in Iraq the judicial system of, France, Egypt, Syria, Jordan & Libya according to the comparative study. Finally There are many conclusions of this study which may explain the role & important of the interest in criminal challenge , there are many recommendations contain many suggestions adaptation some of article of Iraqi law of penal courts origins which have a relationship with the interest in the criminal challenge

جريمة تمويل الارهاب في التشريع العراقي والتشريع المقارن == Terrorism Financing Crime In Iraqi Legislation And Compariy

اسم المؤلف: فاطمة فاضل حليحل الزيدي
اسم المشرف: عمار تركي عطية الحسيني
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: Praised be to Allah the Lord of worlds and prayer and peace be upon the best messenger of the last prophets ,Mohammed ,Allah's blessing and peace be upon him and his progeny who are and virtuous and his companions and his companions who are righteous and favorable.So we may say : In the last period of tie the danger of terrorism has been greatly augmented ,because the acts done by these terrorists become in highly degree of planning g and organization.Thus , it led to increasing in size of impacts resulted by , and it effected person , funds , private and state possessions. One of the most distinguished reason resulted to that is the huge amounts of money received by these organizations and terror groups by person normally are not considered as members to these organizations in operations named "financing terrorism ".Therefore ,that to counter financing terrorism is clearly considered the major front to the war against terrorism.As the funds is represented the vitae nerve to these terrorist organizations. And through this funds it could be carried on their terrorism schemes.So , most legislations which incriminated the terrorism financing activity , especially after issuing the agreement to counter fining terrorism in 1999, that urged the countries to incriminate financing terror in its interior legislations.Thus , the thesis chapters composed of a comparing study between Iraqi legislations ,represented by (a rule of Iraqi fund liquidations countering No 13 in 2005 ) and to both Saudi and Egyptian legislation concerning rules of financing terrorism crime.This thesis is totally divided into four chapters ; the introductory chapter deals with the methodical foundation for the terrorism financing crime , as its founding to Islamic Sharia.As the first chapter of the letter dealt with the nature of the crime of terrorism financing guarantee where the definition of terrorist financing in the law and jurisprudence and the statement of the characteristics ofcrime and self - financing of terrorism and the relationship between them and some of the crimes, While the second chapter of the letter of the substantive provisions of the offense of terrorist financing and included the statement of the elements of crime (material element and the mental element) and the statement of the provisions of the Criminal contribute to crime Originally both types of dependency, the third chapter of the letter dealt with the effects of the crime of terrorism financing and included provisions procedural (move the criminal case, the investigation into the crime of the financing of terrorism), then the statement of assessments for the crime of terrorist financing and legal circumstances and excuses its own sanctions, Classroom introduction was preceded included a definition of the subject and the reasons for his choice and the aim of the research and the research plan and the search is over conclusion to draw a number of conclusions and recommendations have been there.

ازدواجية الاعتداء على المحل في الجرائم الواقعة على المال == Duality Of Assault On The Place In The Crimes Against Property

اسم المؤلف: عباس حمزة عبد حسين
اسم المشرف: تميم طاهر احمد الجادر
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: للمال اهمية كبيرة في الحياة , لذلك حرص المشرع الجنائي على حمايته , لانه مصلحة جديرة بالحماية الجنائية , وقد ادت ذاتية القانون الجنائي الى اختلاف مفهوم المال في هذا القانون عن مفهوم المال في القانون المدني. وهناك خلاف فقهي كبير حول وقوع الاعتداء على الما | Property has great importance in the life so legislator was keen to protect it because it is interest worthy of criminal protection, and the subjectivity of criminal law has led to the difference in the concept of property in the criminal law than the concept of property in civil law.There is a considerable dispute in the opinions of the jurists about the occurrence of assault against property, is the assault occurs on the possession or on ownership? Or it is dual assault on both possession and ownership together? Due to this great importance of the Property, the legislator has considered the assault as a double assault on property because it is an assault on possession and ownership together at the same time, that the protected interest in crimes against the property is the ownership interest and the interest of possession together to protect Property, economy, work, and progress. So that the parent - in - law says that funds are permissible and will usually be carried back to the Civil law in regard to property, the rule is that whoever possesses the Property is the owner of it, until proven otherwise, initially the possessor is supposed to be the owner, so that the possession is the most important of property elements, and even if the evidence is proven contrary, the law may keenness on the protection of the possessor in the face of the owner on several conditions.As it follows for the assault on the property important implications as a result of an act done by an offender because the property would be subjected to decrease or waste as well as the acquisition will move from victim to perpetrator, therefore legislator condemn this assault.We have discussed the subject in the preliminary study and three chapters. In the preliminary study, the concept of property topic was discussed through the definition of the concept of property, the property in the civil law, and the concept of property in the criminal law.And we have dedicated the first chapter for the possession, ownership, and the duality assault on the property. In the second chapter, we are discussed the wisdom of criminalization the assault on the property by searching in the protected property interest in the crimes against property and the relationship of interest to the right and the legal protection of property.We discussed in Chapter three the implications for the assault on the property by searching in the consequence for the assault on the property, and the damage and danger resulting from the assault on the property, and finally we have discussed the mistakes resulting from assault on property.Finally, we have reached to the most important results of this study to the theory of duality of assault on the place in the crimes against property : - 1. For property in the criminal law concept differs from the concept of property in civil law.2. The possession, which received the criminal protection, does not have the same stable concept of possession as in the civil law, the legislator though had gleaned the general principles on the matter from the civil law, but made sure to protect the actual possession regardless of the cause, unless based on the force and abstraction, so that the nature of the criminal law rules and philosophy differs from the nature and philosophy of the rules and judgments of the Civil Law.3. The legislator does not mean by the phrase “owned by others” the real ownership only, but intended the actual ownership also. Therefore, this phrase should be taken a broad sense which is not limited to property as defined in civil law, but also goes beyond that to include legal possession.4. The purpose of the possession lawsuit is to protect the possession itself complete protection in independence from property protection or the origin of right, and here we come to an important result is that the law, which protects possession as a physical situation, not in any prejudice to the protection of private property as a corporeal right that the Constitution protected from assault, and in order to ensure the independence and the separation of the protection of possession from the protection of property ,the legislator put the rule of non - accumulation between the possession lawsuit and the ownership lawsuit, as an dispensable primary condition, to determine the independent protection of possession and possession claims for property that differentiated from the ownership lawsuit. In spite of the guarantees established by the legislator in support of the independence of the protection of possession from property protection, the legislator has affected by the relationship between possession and property and that no one can ignore. And it is appeared in the bail system, which put it in stop the new actions lawsuit, which linked its judgments with the results of its judgments in the right lawsuit.5. The assault on property is double because it occurs on ownership and possession together.6. The meaning of the duality is that the assault on the property place of crime at the same time be an assault on all of possession and ownership together. This means that the assault on the property is double assault on both the property and possession together, so that the criminal law is looking at double standards that the possession is a standard and ownership is a standard.7. The duality of the assault on the property is by embezzling property place of crime because the offender assaults on the possession of the victim in order to allow the offender to assault later on the ownership. Thus, materialism sides of assault against property are determined on the basis of possession theory, because the essence of embezzlement is the assault on the possession of others.8. The legal protection place is protection of the interest and not the property, in fact the interest is a range of benefits, and in other words ,the interest is a realistic position that gives the occupier status distinct from the rest of people. If the legal protection is added on interest, the result will be shifting realistic position to a legal status, and therefore the two elements of right will be gathered : the interest and its legal protection.9. The legislation is keen on protection of possession and also is keen on the protection of property by stating criminalization of the assault on the possession and the ownership in the panel law, so that the legislations that dealt with report of incriminating of actual assault on property, in reality ,is aimed at the protection of human rights. In fact, the legislator, in this area, protects the wealth; with all the widely sense of this word; which means the group of the direct authorities owned by an individual, which have a monetary value and other rights that have economic estimations, which collectively be financial wealth. Also the possessor of property in multitude predominant way to be is the owner of it, and the first advantage of ownership is the owner possesses property which he owns. It is very rare to find an owner does not possess by himself or through others, so the law assumes in principle that possessor is the owner, and protecting property through the protection of possession.10.The consequence of an assault on property is damage or danger. In the case of damage, interest protected criminally or actual property will be wasted. In the case of danger, the property or interest mentioned are at stake, without getting damage because the legislator does not postpone facing any breach of interests until the occurrence of damage to these interests, like the rest of the other laws, but hasten to criminalize every act put these interests at risk of damage, as in the cases of initiation as a start in the implementation of an offense not completed legally.

اتجاهات السياسة الجنائية المعاصرة في مكافحة جرائم المخدرات : دراسة مقارنة == The Attitudes Of Contemporary Criminal Policy In Fighting Drugs Crimes : A Comparative Study

اسم المؤلف: سعيد كاظم جاسم الموسوي
اسم المشرف: تميم طاهر احمد الجادر
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: 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.

الحماية الجنائية للقرابة : دراسة مقارنة == The Penal Protectionism For The Kinship (Comparative Study

اسم المؤلف: سعيد حسين جودة
اسم المشرف: تميم طاهر احمد الجادر
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: 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

جريمة التهجير القسري في القانون الجنائي الدولي == The Crime Of Forcibly Displace In The International Criminal Law

اسم المؤلف: سعاد راضي حسين الكناني
اسم المشرف: حسين عبد الصاحب عبد الكريم
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: This message mentions the topic of crime of compulsory evacuating in the International penal law in oral research three chapters where the oral research mentioned the identifying what is the International penal law and most important of its basic principles also mentioned the identifying on crime of compulsory evacuating in ancient & current history. The first chapter where the crime of compulsory evacuating has been defined concerning the linguistic & term concept and to recognize what are suspected of terms like refugee & evacuating & expelling and to indicate its styles as if it is crowd evacuating or singular or internal or external also indicates its goals and types that effect on civilians which is being done by occupation state or on citizens of the same state or on foreigners. The second chapter it impose light on corners of this crime as it is being considered as international crime so it is consists of same corners that composes the crime in the national law and its ( the objective corner - legislative corner - moral corner) as well as to the international corner which differentiate it from the crime in the internal law The third chapter tool the specialization rules and trial on this crime in the law of international criminal court for former Yugoslavia and the international criminal court of Rwanda and the permanent international criminal court and the Iraqi supreme criminal court also the research in relation between the mentioned courts and the national courts regarding it is integrated relation also research in penalty on evacuating crime in mentioned courts laws already and presenters of punishment and parole from punishment also principle of prescription in the international criminal law which different from internal law. At last the close has been placed for what has been reached to regarding results and suggestions concerning the topic of the message.

فكرة العقوبة في التشريع الجنائي : دراسة مقارنة == The Idea Of Punishment In The Criminal Legislation Comparative Study

اسم المؤلف: زينب خليل ابراهيم
اسم المشرف: حسين عبد الصاحب عبد الكريم
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The punishment was the first picture of the social reaction against crime and the offender and the appearance associated with the presence of man on earth has taken punishment in primitive times because the crime represents an aggression on society must be matched reaction is located on the offender has evolved in the identification of human thought and purpose of the punishment ,The punishment was used as a means ( for revenge ) of the offender then became a kind of ( (Atonement) ) such as the evolution of thought punitive then the ( deterrence ) has become a key target for sanctions and then became the target of punishment in the criminal policy of modern means ( ( reform of the criminal and rehabilitation of social life sound ) )The subject of studyThis study ( ( the idea of punishment in the criminal legislation - a comparative study ) )The punishment was based on the idea ( ( aching ) ) has turned out to be insufficient to cope with the crime has evolved the idea of punishment in the penal laws is deterrence and general deterrence core of the philosophy of criminal punishment.Problem of the studyThe problem of the study in determining the standard of proportionality in the field of criminality and punishment and the need to reconcile the criminality and the protection of the rights and freedoms enshrined in the Universal Declaration of Human Rights adopted in 1948 , as well as international conventions and the constitutions and criminal legislation as the right to human life and the right to the integrity of the body.It will clarify the legal scope of this study to the authority of the judge in the criminal punishment estimate as well as the problem of balance in the criminal Qaeda.The importance of the studyThe penalty is the penalty prescribed by the criminal law for the benefit of the community to implement the court ruling on those found responsible for the crime to prevent the commission of the offense once again by the offender himself or by others.The idea of punishment in the criminal legislation of great importance at the present time because of this study guide the legislator to find the best tools in the fight against crime and the large number of penalties primitive such as death , skin and deprivation of liberty through imprisonment and confinement quality of the severe and simple. , And we will address the discrimination punishment for suspected conditions Legal the balance between criminalization and punishment and means to achieve this balance is required in the circumstances , whether ordinary or special.It also shows the importance of the study to answer the following question , what is the authority of the judge in the criminal punishment estimate ? Does politics play a modern criminal role in determining the idea of punishment.The study methodologyThis study is based on a comparative approach for the purpose of clarifying rehabilitation legal idea of punishment of criminal legislation by comparing the policies included in the law , the judiciary and criminal jurisprudence Iraq with a group of criminal laws, Arab and foreign countries as well as the position of the judiciary and the jurisprudence of them, through a review of the provisions of Rule criminal and reflect the differences or agreement or deficiencies between the Iraqi criminal law and comparative law and legal principles to clarify this issue with the use of the analytical method of the legal texts and judicial decisions in order to reach conclusions and solutions to the issues and molecules Thread unclear or not addressed by the law.

الحماية الجنائية لطيف التردد الاشعاعي في مجال الاتصالات : دراسة مقارنة == Criminal Protection For Radiation Frequency Spectrum In The Field Of Communications

اسم المؤلف: زياد طارق محمد الخفاجي
اسم المشرف: تميم طاهر احمد الجادر
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: شهد العالم في القرن العشرين تطورا كبيرا في مجال الاتصالات، حيث تزايد الاقبال على تقنياتها لما تقدمه من خدمات كبيرة وبسبب الاهتمام المتزايد عليها والسعي الى تطويرها برزت وسائل جديدة للاتصال تعتمد في عملها على استخدام الطيف الترددي وهي وسائل الاتصالات ال | The world witnessed in the twentieth century, the emergence of a new revolution followed by the industrial revolution : the communications revolution, with the growing popularity of technologies for its great services in various fields, because of the growing interest in them and seek to develop emerged as a new means of communication that rely on spectrum technique, a means of wireless communication.Defines the frequency spectrum that electromagnetic waves that have frequencies and a given wavelength makes it suitable to be the channel that flow out information in all its audio - visual, growing and its importance in the lives of individuals and nations and having become an important interest, at the same time natural wealth common to all countries of the world, according to international controls developed by the United Nations Organization through the specialized agency in this regard and which the International Telecommunication Union, it has most of the world to organize this vital area so guided by its international obligations and by the fact that most of these countries are members of this union.The Telecommunications Regulatory laws of one of the most important means of legal protection in general of the means of communication and in particular of the spectrum used in wireless communications.We have noted shortcomings in Iraqi legislation in this area, as the laws that provide the legislative framework for the protection of the means of telecommunications is not proportional to the great development taking place in this area and these laws the Iraqi Penal Code which addressed molesters means of telecommunications in the articles (361 - 362 - 363) as well as the Iraqi Telecommunications Law No. (15) For the year 1980.And what progress we dealt with the subject in search marked the criminal protection of the frequency spectrum of radiation in the field of communications in four chapters. In the first chapter we dealt with in the search in the nature of the spectrum and how to use it in communications as well as its importance for the rest of the means of communication as it is a technical basis in the work of modern means of communication in general.The second chapter dedicated to the statement the concept of criminal protection for radiation frequency spectrum in the field of communications. To illustrate the criminal protection applications in the subject in comparison penal laws we have dedicated the third quarter. In the fourth quarter we had some special protection and means of communication in general and in particular spectrum which appeared in the Telecommunications Regulatory laws and legal forms. We then tried to offer some of the conclusions and proposals that we have, including the proposals put forward for the crimes and criminal penalties that provide protection if the Iraqi legislature to pass the Telecommunications Regulatory Act. In conclusion, we ask the Lord Almighty to guide us in our dear country service

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
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

الحماية الجنائية للامن الاجتماعي في العراق : دراسة مقارنة == Criminal Protection For The Social Security In Iraq

اسم المؤلف: احمد سعيد هاشم الهماش
اسم المشرف: تميم طاهر احمد الجادر
الموضوع العام: القانون
السنة: 2017
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: This research deals with the idea of protecting social security in respect of preventive and curative sides, and how to take criminal measures to protect it, and that these measures should be effective to protect the rights and prestigious interests, so the criminality level reaches the simplest acts, which represents a threat to the social security basis. Also, the origin of danger does not lie in the intentional or unintentional crimes, but it highlights when these crimes are repeated without having a criminal protection to curb their repetition even in a certain percentage, since the adverse results ,in this case, will be a move towards social lack.The research has depended on the idea of criminal jurisprudence in the criminality theory which is based on the division of protecting social entity to pillars and apply that to the tripartite division of the crimes of the theory, as a result, the subject depends on the basic pillars in which the descriptions of the criminal acts vary to felony, misdemeanor, and infraction, depending on its serious danger in damaging the social security, and not depending on the penalty, because the legislature determines how important these interests are and then decides those who assault them the appropriate punishment, that means penalties are later to be described.The act, which directly affects a priority pillar of social security, is a grave felony because of its serious danger on the social structure , and if the violation does not affect the basic foundation directly, and its danger is less than the serious felony, then it will be as an act which affects a supporting foundation of a basic one, and it will be between the felony and misdemeanor description depending on the gravity of the act and the possibility of damaging the interests of the basic priority, but if the act is less dangerous than in that which affects the supporting pillars and less harmful to the basic pillars, it will be then an act that affects a supporting pillar.The idea of criminal protection is that the legislator seeks to provide maximum protection to the basic interests and the fundamental values in society, as every single code of the law has an aim which targets it and an interest protects it directly, because the goal of criminalization is directed through the protected interest, and the latter lose its protection merits in the absence of criminalization reason, as well as the legal text loses its justification without an interest to be protected, so the relationship between them is proportional. The protection of these rights and interests represent a necessity for the security of society in order to achieve justice and legal stability in the community and controlling behavior so as toensure the development of society toward what achieves its progress and prosperity.Also, the research in question is not just about criminal protection, but it also depends on the role of the non - criminal laws as a first step in the consolidation of social security which represents an inexpensive prevention policy. The state, while performing the authority of punishment, it spends a lot of money more than what it spends in the implementation of the other forms of legal penalty, like expenses , effort , time, and the staff of correctional institutions of different grades and the expenses of the construction of prisons and the preparation of receiving the prisoners, and the food and clothing, in addition to the financial penalty which may cost more than the non - criminal penalty as it could turn to a simple imprisonment when it doesn't be paid.It appears that most of the non - criminal laws that give protection to the pillars of social security, do not refer in their acts to the crimes which represent a violation of fundamental pillars in order to be a serious crime, because it necessitates severe penalties to deter offenders, and this is not available but in the rules of criminal law

الرابطة الزوجية في منظور القانون الجنائي : دراسة مقارنة == The Marital Bond in The Criminal Law A Comparative Study

اسم المؤلف: عدي طلفاح محمد الدوري
اسم المشرف: براء منذر كمال عبد اللطيف الطائي | رعد مقداد محمود
الموضوع العام: القانون
السنة: 2012
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: صلاح الدين
الصفحات الاولى:
المستخلص: من المعلوم ان دراسة اي موضوع تستوجب بيان ماهيته وجذوره التاريخية من خلال الاحاطة بجميع جوانبه لذلك تطلبت دراسة الرابطة الزوجية في منظور القانون الجنائي - دراسة مقارنة ان نبتداها بالتعريف بالرابطة الزوجية لما لذلك من اهمية بالغة فيما يتعلق بالاحكام الجنائ | In fact to study any subject require to explain its essential nature, historical roots through defining all law perspective - contrastive study. because the great importance that relate to penal laws. The study represent how marriage to any point of the

الحماية الدولية للغلاف الجوي == International Protection of The Atmosphere

اسم المؤلف: بشير جمعة عبد الجبار الكبيسي
اسم المشرف: عصام عبد الرزاق العطية
الموضوع العام: القانون
السنة: 2007
الموضوع الدقيق: القانون الجنائي
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: يعد الغلاف الجوي احد المشتركات العالمية، ويعرف بانه / كتلة من الغازات التي تحيط بالكرة الارضية ويقع خارج حدود الولاية الوطنية لاية دولة، الا ان جميع الدول يمكنها استخدامه، ولا يمكن لاية دولة ان تدعي ملكيتهاو السيادة عليه.ولقد ترتب على هذا الاشتراك ا | The atmosphere is considered as one of the global commonsand is defined as the mass of gases which surround the earth.itsplace is out the borders of nations of any state but everyone fromthem can use it for their own purposes.The global commons inclu

الحماية الجنائية من التلوث بالاشعاع النووي : دراسة مقارنة

اسم المؤلف: نور حسين عباس
اسم المشرف: محمد علي عبد الرضا عفلوك السلمان
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: During the last years a big development happened in the society, our society today is distinguished from the previous society. According to this development which happened in increase, a new patrons of crimes emerged in the society, these crimes are very

الحماية الجنائية للمحميات الطبيعية : دراسة مقارنة == The Criminal Protectiofo Natural Reservations A Comparation Study

اسم المؤلف: عباس بريسم حبيب
اسم المشرف: محمد علي عبد الرضا عفلوك السلمان
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: تعد الحماية الجنائية للمصالح والحقوق الجديرة بالحماية الاهم من بين صور الحماية القانونية الاخرى, في مجال حماية المحميات الطبيعية خاصة والتي تمثل مواقعا للحفظ وصون الحياة الفطرية وحاميا للثروة الطبيعية التي تعد الداعم الاقوى للاقتصاد الوطني.لذا بادرت م | The criminal protection for the interest and rights are eligible to be protected are of the most important aspects among other aspects of legal protection especially in the field of protection natural reserves representing sites for reservation and keepin

التقاضي عن بعد : دراسة مقارنة == Remote Litigation Comparison Study

اسم المؤلف: نصيف جاسم محمد عباس الكرعاوي
اسم المشرف: هادي حسين عبد علي الكعبي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: ان موضوع الدراسة هو التقاضي عن بعد والذي يعني الكترونية القضاء، وبما ان القضاء هو احد مظاهر سيادة الدولة فلابد ان تكون الدراسة جديرة بتلك الدرجة التي يمثلها القضاء في الدولة. وعرفنا التقاضي عن بعد هو نظام قضائي معلوماتي يتم بموجبه تطبيق كافة اجراءات الت | subject of the study is Remote Litigation which means using the electronic techniques to apply the judgment, since the judgment is a phenomena for the state's prevalence, so this study must be worthy to the level that judgment represents in the state, an

المسؤولية الجنائية للقنوات الفضائية : دراسة تاصيلية تطبيقية مقارنة == Satellites Channels Penal Responsibility A Comparative Applied Rooting Study

اسم المؤلف: ليلى حمزة راضي حمادي شبر
اسم المشرف: علي حمزة عسل الخفاجي
الموضوع العام: القانون
السنة: 2014
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: النجف
الصفحات الاولى:
المستخلص: Satellites` channels are considered of the most important modern media and the most effective one that exceeded the international limits or the national sovereignty, so the world events are heard and seen ate the moment of their occurrence shorting time a

الحماية الجنائية لاسرار الدفاع : دراسة مقارنة == The Criminal Protection of The Secrets of The Defense A Comparative Study

اسم المؤلف: محمد جياد زيدان
اسم المشرف: امل فاضل عبد خشان عنوز
الموضوع العام: القانون
السنة: 2015
الموضوع الدقيق: القانون الجنائي
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The state's secrets is a public meaning which include all the information that belong to the internal and external politics of the state that if these secrets violated it would cause damage to common benefit for the state. But our study is focused on the

جنوح الاحداث في التشريع الجزائري

اسم المؤلف: محمد عبد القادر قواسمية
الموضوع العام: القانون
السنة: 1983
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد

جنوح الاحداث في التشريع العراقي والمقارن

اسم المؤلف: مي فرج الشيخ
الموضوع العام: القانون
السنة: 1974
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد

القرائن القضائية ودورها في الاثبات الجنائي

اسم المؤلف: ابراهيم سهيل نجم
الموضوع العام: القانون
السنة: 1989
الموضوع الدقيق: القانون الجنائي
الدرجة: دبلوم عالي
الجامعة: المعهد القضائي
اللغة: العربية
مكان الجامعة: بغداد

تنازع القوانين الجنائية في الزمان

اسم المؤلف: عبد الله حسين السعيدي
الموضوع العام: القانون
السنة: 1980
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد

جريمة الاهمال

اسم المؤلف: وداد عبد الرحمن
الموضوع العام: القانون
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد

المؤسسات الاصلاحية في الجزائر ودورها في اعادة تربية وتاهيل المحكوم عليهم

اسم المؤلف: علي محمد بو ذراع
الموضوع العام: القانون
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد

العقوبات الفرعية

اسم المؤلف: احلام عدنان الجابري
الموضوع العام: القانون
الموضوع الدقيق: القانون الجنائي
الدرجة: دكتوراه
اللغة: العربية
مكان الجامعة: بغداد
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