Property protection in Iraqi, Egyptian, and Algerian criminal law

Abstract

Given the importance of real estate to society and the widespread incidence of crimes against real estate, the researcher sought to shed light on the concept of real estate and then explore its importance. He attempted to examine real estate ownership and possession, and the importance of these concepts in shaping the nature of crimes against them. We also addressed the concept of ownership and possession through procedural protection against attacks by individuals, highlighting the need to strengthen the penalties imposed by legislation in some countries, such as Iraq, Algeria, and Egypt. Legislators have established criminal procedures to protect real estate, starting with initiating criminal proceedings, through litigation procedures, and ending with the execution of the judgment and any problems that arise from such execution. The comparative analytical research approach was used, with the aim of identifying the extent of legal and procedural protection provided by the legislator to protect real estate. Through this research, we reached several conclusions and recommendations that could support the Iraqi legislator in making some amendments and procedures aimed at providing the highest level of criminal protection for real estate. These findings could also provide scientific research with valuable information that contributes to developing criminal policy for the protection of real estate. Real estate. We also concluded that criminal complaints in crimes against real estate can only be filed by the victim or their legal representative, with the exception of crimes against public property, which can be filed by the public prosecutor. We also found that real estate covered by criminal protection against crimes of encroachment on real estate possession is real estate by nature. One of the most important findings of our study is that the Iraqi, Egyptian, and Algerian legislators have provided provisions that ensure criminal protection, which serves as a deterrent to individuals who harm these properties through various acts that may constitute crimes in the legislator's view, based on legal texts. These provisions can provide scientific research with valuable information that contributes to the development of criminal policy for protection.