The Crime Of Illegal Gain In The Light Of Iraqi Law And International Agreements
Resumen
This study deals with the crime of graft as one of the most serious crimes of a private nature as it relates to the civil service and a certain category of em- ployees, exclusively by law. The researcher divided this study into two main subjects where the first section of it came under the title (What is graft), while the researcher The second of them was entitled (legal regulation of the crime of graft), and for the purpose of taking note of the subject of the research com- pletely, we have divided each research into several demands, which branch- es of several branches of the need for the research for the purpose of fully knowing the details of the research, has reached the researcher at the end of this study a The crime of graft has aroused controversy and controversy wide jurisprudence on the extent of its legitimacy and conflict with the provisions of the Constitution, as it is one of the most difficult crimes in terms of proof because of the character of the perpetrator in this crime and its wide influ- ence facilitates the concealment of the features of the crime and its effects, as the researcher recommended the need to tighten The penalty for graft crime is commensurate with the gravity of this crime, its gravity and its effects on society, and the call to benefit from the UN expertise in the field of combating corruption after Iraq acceded to the 2004 UN Convention.Citas
Article 3 of the Iraqi State and Public Sector Discipline Law in force No. 14 of 1991, as amended, is considered.
d. Majid Khidr, d. Saman Abdullah, Graft Crime, Tikrit University Law Journal, Volume 4, Issue 29, 2016, p. 46.
Mohamed Kamal Abdel Aziz, on the law of graft, research pub- lished in the Journal of the Egyptian law firm, Year 48, No. 6, 1968, p. 32. 4. Mohamed Kamel Nofal, Explanation of Graft, A Comparative Ap- plied Study, Anglo-Egyptian Library, Cairo, 1969, p. 19.
Hassan Sadiq al-Marsafawi, Law of Graft, facility knowledge, Al- exandria, I 1, 1973, p.
Noufal Abdullah Al-Dulaimi, Penal Protection of Public Money, Comparative Study, Dar Houma, Algeria, 1st Edition, 2005, p. 202.
Look, Rasha Ali Kazim, crimes of corruption and the compati- bility of Arab legislation with the provisions of the United Nations Con- vention against Corruption, Master Thesis, Faculty of Law, University of Nahrain, 2012, p 97.
[1] This is considered in Article IV of the Graft Law at the expense of the Iraqi people in force No. 15 of 1985 as amended.
Article (18) of the Iraqi Commission on Integrity in force No. 30 of 2011 as amended.
Article 2 of Law No. (62) of 1975 in force on amended Egyptian graft is considered.
d. Ahmed Refaat, Bribery Crimes in Egyptian Legislation and Comparative Law, Dar Quba, Cairo, 1999, p.
Mohammed Subhi Najm, Penal Code, Special Section, Dar Al Thaqafa for Publishing and Distribution, Jordan, 2014, p. 23.
d. Ahmad Refaat, previous source, p.
Yusriya Abdul Jalil, ibid., P. 31
Jamal Ibrahim al - Haidari, Criminal models of administrative cor-
ruption in the Iraqi Penal Code, Journal of Legal Studies, No. 20, 2007, p. 124.
Mohammed Subhi Najm, a previous source, p. 59.
See article (307) of the Iraqi Penal Code in force No. 111 of 1969
amended.
d. Jamal Ibrahim Al-Haidari, Explanation of the provisions of the special section of the Penal Code, Library Sanhouri, Baghdad, 2012, p 124.
Abdul Rahman al-Jourani, the crime of embezzlement of public funds in the Iraqi legislation and judiciary, clerks Jaheid, Baghdad, 1990, p
Hassan Sadeq al-Marsafawi, previous source, p. 33.
Safaa Jabbar Al-Budeiri, Graft Crime, Comparative Study, Zain
Publications, Beirut, Lebanon, 2018, p. 28.
d. Majid Khidr, d. Salman Abdullah, previous source, p. 52.
See the text of article (315) of the Iraqi Penal Code in force No.
(111) for the year 1969 amended.
This is considered by the law of accession of the Republic of Iraq to the United Nations Convention against Corruption of 2004 No. 35 of 2007 in force.
Rasha Ali Kazim, previous source, p. 187.
See Article 20 of the UN Convention against Corruption of 2004.
See Article 1 of the African Union Convention on Preventing and
Combating Corruption of 2003.
Bilal Amin, The phenomenon of administrative corruption in the Arab countries and comparative legislation, House of thought University, Alexandria, 2009, p. 61.
[1] See Article IX of the Inter-American Convention against Cor- ruption of 1996.
a. See Article IV of the Arab Convention against Corruption 2010.
b. Bilal Amin, ibid., P. 64.
Decision of the Court of Appeal of Baghdad Rusafa Federal / Rusafa Misdemeanors Court in the case numbered (1669 c 20141 on 15/7/2014) (unpublished decision).
See Article 27 of the Iraqi Constitution in force for 2005.
See Article 127 of the Iraqi Constitution in force for 2005.
Article IV of the Graft Law at the expense of the Iraqi people in
force No. 15 of 1958 and its amendments.
Article (40) of the Iraqi Integrity Commission Law No. 30 of 2011, as amended.
Article IV of the Graft Law is considered at the expense of the Iraqi people in force No. 15 of 1958 and its amendments.
Ismail Khalaf, Explaining the Law of Graft, Comet Library for Publishing, Cairo, I 1, 1997, p. 55.
Samir Shishtawi, presumption of innocence in cases of graft, and the unconstitutionality of the law of graft, Dar Arab Renaissance, Cairo, 2012, p. 64.
Sedqi Salim Noman, the crime of graft in Iraqi and Kurdistan law, a comparative study, research submitted to the Council of the Judiciary in the Kurdistan region of Iraq, 2017, p. 7.
Article III, paragraph 3, of the Graft Law is considered at the ex- pense of the Iraqi people in force No. 15 of 1958 and its amendments.
Article 28 of the Iraqi Penal Code in force No. 111 of 1969 and its amendments.
d. Walid Abdel Tawab, Explaining the Graft Law, Cultural Center, Egypt, 2005, p. 169.
Youssriya Abdul Jalil, previous source, p. 128
See Article 20 of the Iraqi Integrity Commission Law No. 30 of
d. Fakhri Abdul Razzaq, Explanation of the Penal Code, General Section, House of Culture Publishing, Jordan, 2010, p. 273.
Samir Shishtawi, previous source, p. 170.
d. Walid Abdel Tawab, previous source, p. 153.
Sedqi Salim Noman, ibid., P. 13.
Ismail Khalaf, previous source, p. 76.
The text of the first article of the graft law is considered at the
expense of the Iraqi people No. 15 of 1958.
Article (17) of the Iraqi Integrity Commission Law No. 30 of 2011.
d. Majid Khidr, d. Saman Abdullah, previous source, p. 28.
Sedqi Salim Noman, ibid., P. 15.
Mohammed Abdeen, crimes of public servant, University Press House, Alexandria, 1991, p 93.
Article (15) of the law of graft at the expense of the Iraqi people in force No. 15 of 1958 and its amendments.
d. Ahmad Fathi Sorour, Mediator in the Penal Code, General Sec- tion, Arab Renaissance House, Cairo, 1981, p. 258.
Article (20) of the Iraqi Commission on Integrity in force No. 30 of 2011 as amended.
