دراسة مقارنة : جريمة حيازة أدوية طبية غير معترف بمصدرها

الملخص EN

I have led progress in various areas of modern life to the development of ways and methods of treating human and animal diseases, where she moved from the ways and means of conventional followed by the physician or pharmacist in the performance of his work in therapy to modern means of electronic devices and new technologies have helped workers in the field of medicine sounding the depths of the body McCann and patient treatment extremely difficult.

Has led to the promotion of the pharmaceutical industry, as the progress of skills and medical devices used in the field of medical work in general, and screening and diagnosis in particular led to the discovery of new diseases were not known in the past, which made the need to find a medication medical commensurate with the nature in terms of the treatment of hand, iPods and not to damage the patient's body on the other.

The lead scientist from the legal big role in the conduct of studies and research that help guide and direct the legislature of what appears from a lack of legal texts in general and criminal, especially in the organization of medical work the various branches of medicine, pharmacy, etc., so that the law is the protector of this work and encouraging workers within the scope of the offering of the ground and a suitable environment for the work and approved the safeguards that make up the immunity for those working in this field from the side, and works on the criminalization of acts that constitute an assault on the patient's body or a breach of the public interests in the community and determine the appropriate sanctions on the other.

Medicines medical affecting the health of both the individual and society if left to deal with the methods of delivery to the patient at random and is governed by the rules of law to ensure provision of sufficient quantity and quality in terms of validity in the performance of her job treating diseases, prevent or alleviate the pain.

Perhaps the reason we have chosen this subject in the research that most of the studies and legal research, if not all of them have focused their attention in the field of medical responsibility for criminal liability for both doctors and pharmacists and their assistants for their mistakes professional and rarely dealt with these studies criminal liability or the extent of criminalization of acts and behaviors located on the medicine medical form contrary to the provisions of possession of drugs and medical dealing with trafficking and others at the time, which has expanded the scope of the pharmaceutical industry multiplicity and diversity of plants and their sources, which does not constitute a cure ailments for most of them only a secondary objective, given the objective of direct and real achievement of earnings material, as well as greater openness witnessed by the international community in general and Iraq especially in the domain of trade in general and trade in particular, medical drugs.

Where the goal of this study is to highlight the seriousness of the phenomenon spread Pharmaceuticals invalid in health institutions in pharmacies and other stores, whether governmental or civil dealing with medication medical.

Through this study, we found that the Iraqi legislature regulates the processes of the pharmaceutical industry and medical imported tightly minute, where you are not allowed to deal with unless you are from a known source winning official recognition by the authorities concerned, it makes the acquisition of Pharmaceuticals supplied by the source is not officially recognized the purpose of trafficking by, of crimes sabotage the national economy urgent moral turpitude and punishable by the strongest sanctions ranging from capital punishment and imprisonment for five years, and to make this provision a comprehensive person metaphor and unauthorized dealing with medicines, medical as well as the lack of its requirement proved trafficking actual medicine shop tenure and sufficiency as soon as provide accidentally trafficking upon winning, and make it a matter of substance are riding in the trial court to assess the availability of this intended or not, through the conditions and circumstances of the crime and the amount of drugs subject of the crime.