Weapons Carrying Crime during the Participation in the Anti – Government Demonstrations. Comparative Study
Resumen
The Crime of the weapons carrying during the demonstrations, was stated in the weapons law number 51 for Year 2017 where to achieve this crime, its pillars must be available and which is represented by the material pillar where the criminal behavior in it and based on the Article (24/Fourth) is carrying the weapon which must be a firearm. There also must be available is the moral pillar which takes the form of the criminal intention because it is an intention- al crime. This is in addition to the availability of its own pillar which takes the form that the weapon is carried during the participation in the demonstration. Therefore this crime does only occur if the doer carries the firearm during the demonstration i.e. carrying the weapon only takes place during the time period expanding from the start of the demonstration until its end and it is not used to carry the weapon at any other time. This Crime is an offense which is punished by the law by imprisonment for a period of not more than three years and by fine of not less than one million and not more than five million Dinars and contains a severe condition where the penalty is by imprisonment if the criminal was not permitted to carry the weapon when participating in the demonstration.Citas
Ibn Mandour, Lesan Al-Arab, Volumes 2 & 4, No Printing Year.
The creation by a group of important Arab Linguistics – The Main
Arab Dictionary, No Places for Printing, Year: 1989.
Dr. Amal Abd Al-Rahim Othman, Explanation of the Penalties Law, Al-Galaby Legal Publications, Beirut, Lebanon, Cairo, 2001.
Dr. Galal Tharwat, The multi-purpose crime theory, Al-Galaby Legal Publications, Beirut, Lebanon, Year: 2003.
Gamal Al-Deen Al-Haidery, Explanation of the Rules of the Pri- vate Section from the Iraqi Penalties Law, Part: 2, Al-Sanhory Library, Baghdad, Year: 2009.
Dr. Hosny Al-Gendy, Al-Gendy in the crimes of the public meet- ings, demonstrations and marching, Print: 1, Dar Al-Nahda Al-Arabia, Cairo, (2002-2003).
Dr. Refat Abd Al-Sayed, The freedom of Demonstration, Cairo, Year: 2011.
Samir AL-Amin, The Theft Offences according to the Appeal Rul- ings, Print: 4, The National Center for the Legal Issues, Year: 2003.
Salih Alwan Naser Al-NAely, The Freedom of Peaceful Demon- stration in Iraq, Publisher: Sabh Sadik AL-Ambary, Print: 1, Baghdad, 2014.
Dr. Dary Khalil Mahmoud, The Simple in the explanation of the Penal- ties Law, General Section, Print: 1, Baghdad, 2002.
Dr. Dary Khalil Mahmoud, Getting involved in a Crime, Dar Al- Sheoun Al-Thakafia, Baghdad, 2002.
Dr. Ali Hussein Al-Khalaf, The General Principles in the Penalties Law, The Legal Library, Baghdad, 2006.
Dr. Omar Al-Sherif, Degrees of the Criminal Intention, Print: 1, Dar Al-Nahda Al-Arabia, Cairo, 2002.
Dr. Fakhey Al-Hadeithy, Explanation of the Penalties Law, Al-Zaman Print, Baghdad, 1996.
Dr. FAtouh Al-Shazly, Explanation of the Penalties Law, Public Sec- tion, Al-Saady Printers, No Publisher, 2006.
Dr. Maher Abd Showesh, Explanation of the Penalties Law, Special Section, Institute of Dar Al-Kotob for Printing & Publication, Mosul, 1988. 17) The Consultant Mohamed Ahmed Hassan, The Penalties Law in the Light of the Appeal Rules, Volume: 2, Print:2, Year: 2003.
Mohamed Bin Aby Bakr, Mokhtar Al-Sahah, Dar Al-Kitab Al-Araby, No Print Year.
Dr. Mohamed Fawzy Nowejy, The Country’s responsibility towards the harms resulted from the riots and disorders, Part: 1, Dar Al-Nahda Al-Arabia, Cairo, 2003.
Dr. Mahmoud Nagguib Hosny, The Public Theory for the Criminal Intention, Dar Al-Nahda, Cairo, 1978.
Dr. Medhat Mohamed Abd Al-Aziz, The Penalties Law, Private Sec- tion, (Public Interest Crimes), Print: 1, Dar Al-Nahda Al-Arabia, Cairo, 2001 -2002.
Dr. Helaly Abdallah Ahmed, Explanation of the Penalties Law, Private Section, First Print, Dar Al-Nahda Al-Arabia, Cairo, 1988.
Dr. Wathba Dawod Al-Saady, The Penalties Law, Special Section, Printed at the expense of Baghdad University, 1988.
Dr. Mahnoud Naguib Hosny, Explanation of the Penalties Law, Spe- cial Section, Dar Al-Nahda Al-Arabia, Cairo, 1992.
Dr. Yosr Anwar Ali, Explanation of the Penalties Law, General Theo- ries, First Book, Dar Al-Nahda Al-Arabia., 1978.
Second: The University Theses
• Mahrous Nasar Al-Haity, The Criminal Consequence, A Master Thesis submitted to College of Law Council, Baghdad, 1989.
• Erkan Abbas Hamza, The Right in the Freedom of the Peaceful Demonstration, A Master Thesis submitted to the Law College Council, Babylon University, 2013.
• Amed Gabr Moheisen, The Legal Organization for the Freedom of Meeting and the Peaceful demonstration (Penalty Comparative Study), A Master Thesis submitted to the Law College Council, Al-Kofa University, 2014.
• Iraqi Republic Constitution
• Demonstration regulation Law in Kurdistan Region, Iraq, Num- ber: 11 for Year: 2010.
• The Alliance Authority Order Number 19 for Year: 2003.
• The Egyptian Weapons & Ammunitions Law Number 394 for Year: 1954 Amended.
• The Egyptian Right Regulation Law in the Public Meetings, Marches & Peaceful Demonstrations Number 107 for Year: 2013.
• The Iraqi Weapons Law Number 51 for Year 2017.
• The Public Meetings and Demonstrations Law Number 115 for Year 1959.
• The Iraqi Penalties Law Number 111 for Year 1969.
• The Egyptian Penalties Law Number 58 for Year 1937.
