Contemporary criminal policy and its effects on the treatment of criminal acts in the civil society in Arab societies

Abstract

This study aims to analyze the conceptual and legislative framework of contemporary criminal policy in Arab societies, with a particular focus on its impact in addressing acts that threaten civil peace from a precise legal perspective. The Iraqi model was selected as the focal point of the textual analysis, due to its comprehensive punitive and legislative system encompassing Penal Code No. 111 of 1969, Criminal Procedure Code No. 23 of 1971, counter-terrorism laws, military provisions, and other relevant regulatory texts. The study is based on a fundamental hypothesis that the effectiveness of criminal policy in preserving civil peace is not measured merely by the severity of punishment or the breadth of criminalization, but by its capacity to build a balanced system that ensures state stability without infringing on constitutional principles or individual rights. The analysis was structured around three main axes: the first examined the nature and various forms of acts that threaten civil peace in the Arab context; the second addressed the structural features and challenges of criminal policy; and the third evaluated the extent to which this policy contributes to societal stability and the consolidation of the legal and institutional framework of the state. The findings reveal that the Iraqi legislator has expanded the scope of criminalization to include preparatory, incitement, and institutional acts, granting broad powers to security agencies in surveillance and detention, yet subjecting such powers to a number of formal constraints derived from both constitutional and legislative sources. This suggests a theoretical awareness of the need to balance deterrence with the protection of rights, although the practical implementation of this balance remains fraught with procedural challenges and divergent judicial interpretations. The study also uncovered conceptual gaps in certain legal texts and inconsistencies in the classification of specific acts, especially regarding the distinction between political crimes and ordinary offenses. Additionally, it highlights the potential overuse of concepts such as incitement, false publication, or organizational affiliation to restrict freedom of expression or legitimate civil activity—underscoring the urgent need to revisit and reinterpret these texts in light of evolving societal and constitutional contexts. The study concludes that criminal policy still requires further procedural precision, institutional oversight, and restructuring of its enforcement mechanisms in order to strengthen public confidence in the justice system and ensure that criminal law serves as a tool for protecting civil peace, rather than a pretext for its violation.