أثر صفة المجنى عليه في تحديد المسؤولية الجزائية في جرائم الخطف و البغاء و الفعل الفاضح غير العلني : دراسة تحليلية في التشريع العقابي العراقي

الملخص EN

It has appeared to us through this study that the Iraqi lawmaker gave attention and stressed emphasis on some characteristics of the aggrieved party [victim] in abduction, prostitution and unpublic shameful act by considering these characteristics in the process of drafting legal texts and in determining the punishment.

In this regard, the lawmaker considered aggrieved party's age, race, consent and the existence of relationship to the perpetrator in regulating the crimes under discussion in this study which have implications on the determination of criminal responsibility of the perpetrator.

However, the Iraqi criminal lawmaker did not achieve its desired goal in providing appropriate criminal protections to the aggrieved party in these crimes.

The code in question contains inaccuracies in drafting legal texts and legal shortages and gaps in relation to the parties of the crime in particular the aggrieved party holding some personal and substantial characteristics.

They signal to the lawmaker for better attention and consideration in order not to allow the victim to fall into the perpetrator's clutches.