جريمة التعذيب في قانون العقوبات العراقي

الملخص EN

The accused is innocent until proven guilty in a fair legal trial, human freedom and dignity are inviolable, and everyone has the right to be treated fairly in judicial and administrative procedures.

with all these eternal expressions and other lofty principles, the permanent constitution of the republic of Iraq came, declaring-in theory-the sanctity of individual freedom, its guarantees and considerations that transcend all other considerations.

since the aim of the criminal procedures is not to prove the guilt of the accused, but rather to investigate the facts, and in no case is he exempt from respecting the rights of the accused, so there is no value for the truth that he reaches on the altar of freedom.

the cruel, violent abuse that he does, weakens the resolve of the torturer and forces him to accept the affliction of confession to get rid of him.

in fact, he cares about highlighting the effects of the act of torture more than he cares about the essence of the act itself.

then it suggests that torture can only be achieved if it leads to actually making the torturer confess, which is not a matter.

true, torture occurs as soon as its subjective elements are available, and whether it actually leads to a confession or not, as long as it is intended to inflict it.

this definition also describes torture as cruel, violent harm, and the truth of the matter that we will see later is that torture does not require that it be serious in order for the crime to occur.

it takes place, whether it is or not.

it deals with some aspects of torture in its definition, but none of them addresses the definition of torture as a crime through its elements.

but they agreed that torture is only a form of coercion, whether it is physical coercion only as some know it, or material and moral as well, as others see it.

and since coercion is a pressure on the will of others that would generate in him awe, which would push him into some behavior, which he would not have done without this pressure.

it is of two types, a material compulsion, a material pressure on the will that results in its complete lack of will for the one who started it.

moral coercion is a non-physical pressure on the will that causes a person to commit a harmful act.