جريمة إعطاء وصفة طبية بمواد مخدرة أو مؤثرات عقلية لغير أغراض العلاج الطبي "في القانون العراقي"

الملخص EN

In view of the special relationship through which doctors deal with patients, it is a human relationship before it is legal, in addition to the great responsibility that falls on the doctor in many respects; He is entrusted with the health of the patients he treats, in addition to being entrusted with the means and methods of medical treatment from medicines and other medical supplies, the medical profession has become one of the professions of privacy, so the doctor's keenness to limit his work to achieving the lofty and humanitarian goal of his profession, which is to achieve healing for the patient Or alleviating his pain or protecting him from epidemics and diseases through medical treatment is part of the maintenance of this trust.

Therefore, we find that the Iraqi legislator has worked to provide an aspect of penal protection for this purpose from some illegal acts, and among the forms of these guarantees he regulates the provisions of the crime of giving a prescription with substances Narcotics or psychotropic substances for purposes other than medical treatment, according to Article (31) of the Narcotics and Psychotropic Substances Law No.

(50) of 2017 in force, which states that: ((he shall be punished by imprisonment for a period of no less than (3) three months or a fine of no less than ( 300,000) three million dinars and not more than (5,000,000) five million dinars or one of these two penalties, and banning the practice of the profession for a period of (1) one year, knowing that every doctor gave a prescription for dispensing narcotics or psychotropic substances for purposes other than medical treatment) This is in order to maintain the doctors’ keenness in performing their therapeutic mission and limiting it to material facts and not exploiting this profession to achieve personal purposes and goals far from the goal of therapeutic work.

It is a criminal offense represented in giving a prescription containing narcotic substances or psychotropic substances outside the scope of medical treatment, as well as counting it as a premeditated crime whose legal model requires the provision of a general criminal intent with its racist knowledge and will of the perpetrator.

They are represented as the offender being a doctor, and the subject of the crime represented by the medical prescription as it contains narcotics or psychotropic substances as he considered misdemeanor crimes, through the freedom-restricting penalty he set for her, represented by a prison sentence of no less than six months in addition to other criminal penalties that were determined It has within its legislative text and those that it shares with misdemeanors such as complementary penalties and precautionary measures.