الأحكام الموضوعية لجريمة الاعتداء عمدا على الموجودات الخاصة بمرافق المياه و الغاز : دراسة مقارنة

الملخص EN

The assets of water and gas utilities are of critical importance.

In addition for being from the public funds allocated for the public benefit of the public, they are among the fundamentals influencing the existence of the state, whether from an administrative, economic or political point of view.

The state has risen above the customary role of administrative control to the dynamic role and intervention in different fields of life and the arrangement of the needs of its citizens through its public utilities.

It considered these needs of social, economic, and political importance that legitimize the continuous running of public offices far from a coincidence.

For this reason, the majority of penal legislation has adopted a policy of preamtive precautionary criminalization in order to give protection for assets from every attack that would obstruct the functioning of public facilities activity and preventing their continuation in providing their services and specifying the forms of these assaults and imposing penalties for them outweighing the approved penalties for assaulting individuals' money.

The Iraqi legislator has criminalized deliberate assault on the assets of water and gas utilities in paragraph (1) of article (353) from the Iraqi penal law which made a special branch which is the assets of water and gas utilities beside the general laws that are required in most of the crime.

It also stressed the penalty for this crime to be a life sentence.

However, this protection is not integrated in practice due to the lack of news or complaints about these attacks or recording them against an unknown individual.

In order to shed light on the wrongdoings of assaulting the assets of water and gas utilities, it is vital to show its elements and its penalty statement.

Then, we will conclude the thesis with the most important conclusions and proposals that we will reach through the research