The crime of overthrowing the republican system of government established by the Constitution

Abstract

The crime of overthrowing the republican system of government established by the Constitution is the focus of attention of most legislation. The legislator has sensed the danger of this crime as it aims to harm the existing political system of government in the state with the intention of harming it, overthrowing it, changing it, or making other attempts in ways other than those specified by legislation and law. Legislation, especially Iraqi and Emirati legislation, have combined to criminalize the attempt to overthrow the government system, whether by force or seizing power, given that the special protection of the constitutional institutions in the state represents the basic interest of the state’s legal system, so an attack on those institutions represents a blatant attack on legitimate authority. The Constitution targets territorial unity and has established appropriate penalties for criminal behavior. The perpetrator is punished with death because the behavior he commits represents dangerous behavior that affects the security of the state, its institutions and the existing system of government. Therefore, this crime is considered a dangerous crime and a positive crime that is based on tangible physical behavior and is apparent to the external agent regardless of the public outcome of the crime. Why not, the crime is real and continues, even if the result of the crime is not achieved