الأحكام الموضوعية لجريمة لعب القمار : دراسة مقارنة

الملخص EN

The Iraqi legislator incriminated it in paragraph (3) of Article (389) of the Penal Code No.

(111) of 1969 as amended, stipulating to punish the gambler that he plays gambling in certain places which are (a public place, a place open to the public, a shop or a house intended for this purpose) However, this criminalization is no longer feasible at the present time due to the emergence of electronic gambling that is practiced via the Internet without the need to go to the shops designated by the legislator to investigate the crime, and what increases the risks of this type of gambling is the ease of practicing it without being subject to parental control and the law, in addition to that The legislator sets a standard that distinguishes gambling games from other games in which their practice is permissible, and its punitive policy was not sufficient to achieve justice and public and private deterrence, Therefore, we concluded that gambling games are based on the fulfillment of the luck condition and the gambling condition by the players, and we proposed to the legislator some proposals, the most important of which is the criminalization of gambling behavior in all cases in which it is committed, regardless of where it is committed, with tougher punishment for the perpetrator in order to ensure security Society and the safety of its members and the preservation of their money and their families on the one hand, and then safeguarding and strengthening social values in the hearts of community members on the other hand.