Moral attribution in criminal liability in the Iraqi Penal Code

Abstract

Abstract/ This research examines the concept of moral attribution in criminal responsibility under Iraqi law, as a fundamental pillar for determining the psychological connection between the offender and the criminal act. Moral attribution emerges as an essential element to ensure that criminal responsibility is based on conscious will and free choice, reflecting legislative and jurisprudential advancements in modern criminal law. The study employs a descriptive-analytical approach to explore the concept of moral attribution and analyze the limitations affecting its realization, such as loss of cognition or will, coercion, and necessity. The research concludes with several key findings, most notably that moral attribution relies on cognition, will, and freedom of choice. Criminal responsibility is nullified if these elements are absent due to exceptional circumstances like insanity or coercion. Additionally, Iraqi legislation demonstrates flexibility in addressing offenders' personal circumstances by regulating the limitations affecting moral attribution. Finally, moral attribution stands out as a tool for achieving criminal justice by ensuring punishment is imposed solely on those who committed crimes with conscious intent and free choice The application of moral attribution in Iraqi law reflects a significant development in criminal jurisprudence, as it aims to achieve justice by accurately identifying the psychological links between the perpetrator and the crime committed..