أثر العلاقة الزوجية في تطبيق القانون الجنائي في العراق

الملخص EN

The marital relationship impact on criminal policy in Iraq to the scope of criminalization and punishment, as it divides the legal rules in criminal law to substantive rules and procedural rules and that the marital relationship impact on the criminalization of certain acts contained in the Iraqi Penal Code No.

(111) for the year 1969 average, as well as an impact on the functioning criminal proceedings within the scope of the assets of the Iraqi criminal procedure Act No.

23 of 1971.

In the scope of the Penal Code, we note that the Iraqi legislature counting marital relationship pillar assumed in the crime of adultery because it does not criminalize only the weight of couples as the marital relationship impact on the criminalization of certain acts and other crime infringement pair in labor rights, as well as rape, sodomy, indecent assault offenses.

As the marital relationship impact on the criminal proceedings, both in terms of moving the criminal case or in terms of the conduct of its proceedings.

For moving the criminal case legislator asking for the establishment of some crimes complaint from the victim or his representative, request or permission from the competent authority.

The impact of the marital relationship on the conduct of criminal proceedings, we find also affected the marital relationship Valmushara especially in the scope of the complaint pending crimes were passed to the husband (the victim) to give out a complaint presented by the Wife against the other conditions set by the legislator.

And it got used legislator marital relationship in the case of non-presence of the accused before the court where he passed for a pair accused or the accused appear before the court to make an acceptable excuse to justify lack of presence of the accused by the pain of the disease or is prevented from attending.

And prevent the legislator to be one of the couple watched the pair unless the other accused of adultery or a crime against persons and property, or against one of them was born and permissible for the husband or wife to testify in favor of each other.

Contract valid marriage between the perpetrator and the victim also affect the conduct of proceedings in the rape or sodomy or indecent assault or arrest people or kidnappings or detention.

And the relationship of conjugal impact on the implementation of the criminal judgment as the referee who has exhausted the remedies become prohibited and expire the right to waive the complaint.

However, excluded the legislator from that rule certain cases, as authorized where that prevents traffic in the implementation of the criminal conviction of the husband and wife in the first two cases, given the right for a husband to prevent traffic in the implementation of the penal judgment of the wife of an adulterer or adulteress and the second case the death of the complainant in the crime of adultery, where the children of the husband or guardian that prevents the execution of the judgment.

The legislator also gave the pair that corresponds Wife sentenced to death the previous day on the designated day of judgment.

The legislator also decided to postpone the execution of penal sentence if sentenced to a husband and his wife, deprivation of liberty for a period exceeding one year.