The crime of dealing in dangerous materials

Abstract

The function of the public authorities in the state is to meet and satisfy the needs of citizens in light of the applicable legal rules. This is done through the continuity and sustainability of the public facility, as it provides basic services to citizens and achieves the public interest. Therefore, the state must protect these facilities and not tamper with them, because exposing them to any attack or their special devices leads to the disruption of these facilities. The problem of encroachment on state facilities, especially the basic ones, has become widespread through the increase in violations and attacks on them and their sabotage, which leads to their disruption and then the deterioration of the services provided to citizens and harm to the public interest. Hence, the Iraqi legislator sought to provide the necessary protection for these vital facilities (electricity, water and gas) by criminalizing all acts that lead to the disruption of the public facility in Article (353) of the Iraqi Penal Code, which stipulates that ((Anyone who causes a breakage, damage or the like in the machines, pipes or devices of the water, electricity, gas or other public facilities if this is likely to Disabling the facility, and the penalty shall be imprisonment for a period not exceeding ten years or detention if the facility is actually disabled.....) And to study the crime of disabling the public facility from all its aspects, we will divide the research into two sections. The first section is devoted to the concept of the crime of disabling the public facility, and in the second section we will discuss the elements of the crime of disabling the public facility and its penalty.