المثلية الجنسية بين التجريم و الإباحة في قانون العقوبات العراقي النافذ

الملخص EN

Societies of different cultures go through an authorized and ethical turn that contradicts the formative nature of human beings as it described as homosexual, after it was a perversion.

Among many reasons that facilitate to enlarge the circle of dealing with such deviant behavior represented by its approval by law without being subjected to be banned and criminalized, which has extended since half a century to this day, as the Iraqi penalties law No.

(111) of (1969) with its amendments postulated a fact that the criminal legislator described as (The Crime of Sodomy), and the banning of which was regulated by the failure to attain two essentials: adolescence and consent which helped a lot to spread out homosexual behavior among males.

As for female homosexuality (Lesbianism), the criminal legislator did not precisely address it as it is.

Rather, it could be comprised in the crime of (indecent attack), covertly mentioning it, and the legislator also allowed it in the same case and circumstances in which he/she legitimate the crime of homosexuality among males.

The matter that cannot be ignored, and the unconstitutionality of these verdicts can be defied before the Federal Court, due to their unconstitutionality, and because of their illegal and social risks that reach the point of breakdown of a society, and then ruin its ideology, ethics and social structure.