A legislative study of criminal policy in the protection of children of unknown identity

Abstract

This study addresses the problem of insufficient criminal protection for children of unknown parentage, who represent the most vulnerable segment of society. The absence of legal recognition renders them an easy target for organized crime and exploitation. The study aims to shed light on the concept of criminal policy and its role in protecting this category by clarifying the conceptual framework of the child of unknown parentage in international conventions and national legislation, and by analyzing the criminalization, punitive, and procedural policies applied to them, with a focus on both Iraqi and Egyptian laws. The study is divided into two main sections: the first deals with the conceptual framework of the child of unknown parentage and the crimes committed against them, while the second deals with the procedural and substantive aspects of punitive policy. The research problem revolves around a central question concerning the effectiveness of criminal policy in protecting children of unknown parentage from criminal behavior directed against them. The study concludes that there is a legislative deficiency in defining the child of unknown parentage, and that protection is limited to the factor of minority without recognizing the absence of parentage as an independent aggravating circumstance, alongside a lack of specialized procedural mechanisms. It recommends legislative amendments to provide a comprehensive and precise definition, the establishment of specialized prosecution offices and judicial police, and the adoption of flexible evidentiary mechanisms.