"Criminal Liability for Inciting a Minor to Begging"

Abstract

The crime of inciting a minor to beg is considered one of the most serious social crimes that threaten the stability of society and its moral and ethical values, as it involves a blatant violation of children's rights and the exploitation of their physical and mental weakness as well as their material needs. A minor, due to their lack of experience and young age, does not possess the full ability to distinguish between right and wrong, and is often exploited by adults to engage in unlawful behaviors, which makes them a victim rather than a responsible actor. Begging is regarded as a negative phenomenon that contradicts human values and fundamental rights, as it paves the way for the delinquency of minors and their involvement in illegal activities such as theft or joining criminal networks.

From this perspective, the danger of inciting a minor to beg lies in its recognition as an independent crime that necessitates criminalizing the act of incitement, whether it is committed by parents under the pretext of poverty or easy profit, or by other parties such as strangers and organized gangs that use child begging as a means to achieve illicit gains. The importance of criminal accountability lies not only in protecting the child but also in safeguarding the social structure from disintegration and delinquency, in addition to preserving the dignity of childhood as affirmed by national legislations and international conventions.

Criminal laws, including the Iraqi Penal Code No. (111) of 1969, have emphasized the punishment of anyone who exploits a minor in begging, considering this a criminal act due to its abuse of childhood and its threat to social peace. Likewise, some Arab laws, such as the Lebanese law, criminalize acts of incitement or coercion of minors into begging and impose strict penalties that may include imprisonment and fines.

These provisions are in line with international conventions, particularly the Convention on the Rights of the Child of 1989, which obliges states to take the necessary measures to prevent the exploitation of children. Therefore, combating the crime of inciting minors to beg requires the effective implementation of national laws and the integration of roles between the family, security authorities, and social institutions to protect children from any form of exploitation.