The circumstance of night and its effect on crime and punishment in the Iraqi Penal Code – A study on the crime of theft

Abstract

Abstract

          The presence of night is one of the conditions affecting the commission of theft and its associated penalties. This factor can be independent or combined with other conditions. In each case, the legislator has prescribed a penalty commensurate with the crime affected by this condition. Furthermore, the classification of the crime itself changes from a simple misdemeanor to an aggravated misdemeanor under the influence of the night condition alone, or to a felony if the night condition is combined with another condition. The legislator has stipulated this temporal condition precisely to achieve a rationale deemed necessary for protecting the money and property of individuals. In this research, we adopted an investigative and analytical approach, examining the provisions of the Iraqi Penal Code that address the effect of nighttime on the crime of theft. The research topic will be addressed in two sections. The first section provides the conceptual framework, comprising two subsections. The first subsection addresses the concept of circumstances and their types, while the second focuses on the linguistic and legal definition of night and its relationship to attempted theft. The second section, titled "The Effect of Nighttime on the Punishment for Theft," also includes two subsections. The first subsection defines the crime of theft, while the second examines the effect of nighttime on the crime of theft. The research concludes with a summary. The research problem can be identified through the following question: To what extent does the circumstance of night affect the crime and punishment of theft? Starting from this main question, we can delve deeper into the topic by posing a series of sub-questions that will help clarify its various aspects.