Author: Dr. Oudah Yousif

This research deals with the issue of legal adaptation of witchcraft and sorcery in Iraq’s criminal legislation in the light of the provisions of the Iraqi criminal justice represented by the judiciary of the Federal Court of Cassation. As the Iraqi criminal legislator did not criminalize these acts with an explicit punitive text, neither in the amended Iraqi Penal Code No. (111) of 1969 nor in any other special penal law. Thus, it becomes imperative for us to study and analyze the position of Iraq’s criminal jurisdiction regarding acts of witchcraft and sorcery when these acts are the subject of criminal facts that are presented to it and it shall look into them. Although witchcraft and sorcery pose a threat to social interests with possible harm and sometimes inevitable harm to these interests, whether we adopt the standard of the objective (material) doctrine or we adopt the standard of the personal doctrine. If we adopt the standard of the objective doctrine, we will find that acts of witchcraft and sorcery themselves involve a danger that threatens many social interests worthy of criminal protection. But if we adopt the standard of personal doctrine, we will observe that witches and sorcerers (imposters) are people whose delinquent behavior poses a serious threat to social interests, which are worthy of criminal protection. Despite this, acts of witchcraft and sorcery are still outside the circle of criminalization and punishment. This leads to the lack of accountability for those who perform witchcraft and sorcery, which inevitably leads to the increase of these acts and their wide spread within society as a result of this. The fact that acts of witchcraft and sorcery remain in the circle of permissibility and the decriminalization of such acts has resulted in an increase in the number of those performing these acts. As well as the increasing number of people who resort to it. The Penal Code, within the scope of its positive rules, is governed by the principle of legality in criminal, the principle that there is no crime or punishment except by law (the principle of legality of crimes and penalties). Therefore, we had to follow the judicial rulings issued by the Iraqi criminal judiciary represented by the Federal Court of Cassation. This for to find out the judiciary of this court regarding the legal description it gives to the acts of witchcraft and sorcery when these acts are the subject of the criminal facts before the criminal jurisdiction. The aim behind this is to highlight the dangers of witchcraft and sorcery and the Iraqi criminal legislator’s call to criminalize it. Taking into account the legal descriptions reached by the Iraqi criminal justice system and found them to be more applicable to these acts, which makes the criminal legislation more in line with the exigencies and requirements of reality. DOI : https://resmilitaris.net/menu-script/index.php/resmilitaris/article/view/1510

The research deals with the legal confrontation with the crime of human trafficking in the Anti-Human Trafficking Law No. (28) of 2012, as the crime of human trafficking, is one of the most prominent manifestations of the grave violation of human rights and fundamental freedoms. Where this crime involves a waste of the humanity of the person and an insult to his dignity from multiple angles, including the right to life, health, work, and not to be subjected to torture, and wastes his right to have a legal personality. Moreover, acts of human trafficking carry with it all forms of attacks on human humanity, and return people to the time of slavery. Whereas the crime of human trafficking is one of the most prominent forms of transnational organized crime, in addition to the modern information and communications revolution that has led to the globalization of methods of committing crimes. Consequently, the traditional criminal legislation became deficient in confronting national and non-national crimes, especially with regard to the crime of human trafficking which is mostly committed by gangs or organized criminal groups. Therefore, legislation of the Anti-Human Trafficking Law No. (28) of 2012 represented a necessity and importance at the same time to confront this dangerous criminal model that threatens and wastes human humanity. On the other hand, the legislation of this law comes in response to the international obligations that Iraq has to implement, which are contained in the relevant agreements prohibiting and criminalizing acts of human trafficking and the protocols attached thereto. In this research, we tried to identify the most important obstacles and problems of the legal confrontation with this criminal model and the mechanisms for its activation, whether it is related to the legislative or judicial aspect. Or which related to other law enforcement aspects. The most important flaws in the legislative drafting of the law were explained, which would weaken the criminal protection of the interests protected by criminalizing acts of human trafficking, and the dignity and nature of mankind. We have also clarified the most important amendments that must be made to the law in order for it to be in line with the international criminal confrontation. In order to achieve an effective confrontation that would reduce the crime of trafficking in human beings and be more capable of achieving criminal justice. DOI :  https://resmilitaris.net/menu-script/index.php/resmilitaris/article/view/595

The accused is a person who has the right to describe the accusation، The status of the accused entails that the criminal proceedings shall be taken in the face of the accused person and such proceedings involve an infringement of the freedoms of the accused person by arrest, arrest or search. The longer the time taken for criminal proceedings, the higher the burden on the accused, Reconciliation, whether at the personal level, has been affected by freedom and security, their health at the family and social level, or the professional level. And since criminal procedures aim to reach evidence that would reveal the truth to achieve criminal justice, then it is the state’s means to implement its right to punish the perpetrator. However, these criminal procedures should be as necessary to achieve that goal, and these procedures should not take long, because late justice is unfair. On this basis, the accused’s right to trial is presented within a reasonable period, and if this right is apparently and primarily determined in the interest of the accused. In reality, however, it fulfills, in addition to the interests of the accused, the interest of society in reaching the truth and achieving justice as quickly as possible without undue delay or delay in a way that harms the accused, society, and criminal justice. DOI : https://journalppw.com/index.php/jpsp/article/view/6134

The legality of the evidence is one of the basic components of procedural legitimacy in general, which requires that the law be the source for every rule that allows infringement of rights and freedoms. The criminal procedures are, in essence, and reality, guarantees of the rights and freedoms of the accused, which ensure that his freedom is not violated and the right to defend himself. These procedures were going through two stages, one before the trial and the other taking place during the trial. In each of these two stages, the freedom of the accused is exposed to several risks, arrest, arrest, interrogation, and monitoring of correspondence and communications, so these procedures must be carried out in accordance with the rules specified in the law – the Code of Procedure  Criminal – that the constitutional legitimacy of the Code of Criminal Procedure is based mainly on the protection provided by the Code of Criminal Procedure for the rights and freedoms guaranteed by the Constitution, and without the application of the Code of Criminal Procedure, it is not possible to apply the Penal Code, that is the road linking the two stages of criminalization and punishment, and through it, the Penal Code moves from criminalization to punishment, and for this to be achieved, criminal procedures must be carried out as acts  Legal aims to protect rights and freedoms within the framework of constitutional legitimacy based on the origin of innocence, and therefore the evidence presented to prove what contradicts the origin of innocence must be legitimate, that is, it should not be the result of procedures tainted by violating personal freedom and rights of defense, and if it is, it is considered illegal evidence and it is not valid  Reliance on it to issue a verdict of conviction. DOI : https://www.journalppw.com/index.php/jpsp/article/view/6135