Criminal liability for illegal dealing in narcotic plants in Iraqi law

Abstract

In Iraqi law, the illegal dealing of narcotics is regulated by the Narcotics and Psychotropic Substances Law No. 50 of 2017, which defines the criminal liability of individuals who deal with drugs, whether by manufacturing, importing, exporting, transporting, promoting, trading, or even illegal use. Criminal liability in Iraqi law is criminalization and penalties, as anyone who imports, exports, or manufactures drugs with the intent to trade is punished by death or life imprisonment. Anyone who plants narcotic plants with the intent to produce narcotic substances is punished by life imprisonment or temporary imprisonment. Anyone who deals with drugs in any way without the intent to trade is punished by temporary imprisonment, as well as anyone who uses drugs or possesses them for personal use is punished by imprisonment and a fine.
Iraqi law adopts a strict approach to combating drugs, as it imposes severe penalties on trafficking and promotion, but allows some flexibility in dealing with users if they need treatment instead of strict punishment.

The original penalties imposed for the illegal dealing of narcotic substances vary in severity according to the times at which the rumor is spread and the interest to be protected. The Iraqi legislator has taken these matters into consideration, as he imposed the penalty that is appropriate to the crime committed, whether the perpetrator is the main perpetrator or an accomplice in the crime. The same penalty is imposed on the perpetrator of the crime and the accomplice in it. Therefore, the illegal dealing of narcotic substances has a main or secondary contributor according to the primary or secondary activity he performs in it.