اسم المؤلف:
احمد سعيد هاشم الهماش
اسم المشرف:
تميم طاهر احمد الجادر
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
