جريمة الدخول غير المشروع: تهريب المهاجرين أو التسلل او عبور الحدود

الملخص EN

The criminal legislator has paid special attention to the criminal policy, especially when he clarifies the crimes and the appropriate penalties for the crimes of residence such as illegal entry or illegal stay in the territory of the state by the foreign person and stating the terms and conditions for them by setting mechanisms to combat them by identifying those crimes and setting appropriate penalties or precautionary measures to combat Their occurrence, despite the fact that most of the legislation did not put a clear and precise definition of these crimes except in certain places, but rather set the terms and conditions for entering and staying in the territory of the state and showing violations of the provisions of residence and setting appropriate penalties.

Iraq No.

76 of 2017 and previous laws repealed, and the crimes of the foreign person were defined in that law and their gravity was determined as crimes of misdemeanour, violations and dangerous crimes as well as intentional crimes and stipulated that the special element of the crime be a natural foreign person in order for the law to apply to him and this is what distinguished that law from other laws within its scope This research does not show its importance or value except in the presence of legal problems, which we may find in the folds of this law, and what they require from developing appropriate solutions and treatments for those questions and problems that are the subject of the research.

It is necessary to study the subject from all sides in order to diagnose errors and loopholes and develop appropriate solutions.

What we see is commensurate with the seriousness of those crimes.

We have discussed the criminal policy in confronting the crimes of foreigners of illegal entry and illegal stay within the territory of the state because of the danger it poses to the state and the challenges it is witnessing in the country because of the openness that occurred after 2003 to the world.