جريمة عدم تسليم المحضون وخطفه في القانون العراقي: دراسة مقارنة

الملخص EN

This research deals with the crime of not handing over child and kidnapping him / her in the Iraqi penal code and Arab legislation.

its purpose is to show the crimes included in article (382) out of the aforementioned law, and whether the aforementioned article grants criminal protection to the child in custody alone or includes other children.

moreover, to find out whether the article is marred by legislative loopholes or not.

in order to achieve this, the researcher used the analytical inductive, comparative, and critical method.

the most important findings of the research are: the crimes contained in article (382) are two crimes, not a single one, namely: the crime of not handing over the child in custody and the crime of kidnapping the child in custody.

the article (382) included the protection of the child not in custody, similar to the child in custody, if he / she is in the age of custody.

in addition, the aforementioned article suffers from legislative loopholes, including: not stating mitigating and aggravating circumstances for the penalty.

the research concluded with recommending the legislator to amend the article (382), and we suggested an alternative text to avoid the objections directed to it as much as possible.