Iraqi criminal policy towards state crimes
DOI:
https://doi.org/10.66026/faw9rj32Keywords:
Criminal policy, State, Corruption, Public servant, Political influenceAbstract
Criminal policy represents the approach a state takes to combat s. crime and limit its spread. It is not merely a set of punitive texts, but rather a reflection of the legislative philosophy regarding the protection of society and the state. The Iraqi legislator faces a fundamental challenge in formulating this policy. He is required to secure the state's existence against external and internal threats (such as terrorism and treason), while at the same time addressing the rampant corruption in government institutions (crimes committed by employees) that undermines public trust and hinders development. Criminal policy is influenced by a range of legal, political, and social factors and seeks to balance the protection of public order with the guarantee of human rights, especially in cases that affect the authority or institutions. These include gross human rights violations, arbitrary use of power, crimes of administrative and financial corruption, torture, extrajudicial killings, enforced disappearances, and crimes of aggression against the security of the people or public funds. The research relies on the comparative analytical method, through the study of relevant Iraqi legal texts, and their analysis in light of constitutional principles and international agreements, with the assistance of jurisprudential and judicial sources. One of the most important findings is the continuous need for institutional and legislative reform that guarantees the independence of the judiciary and the protection of whistle-blower
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