الحماية الجنائية لذوي الاحتياجات الخاصة على مستوى العقوبة : دراسة مقارنة

الملخص EN

We dealt with the subject of criminal protection for people with special needs at the level of punishment in two researches.

The first one we assigned for the criminal protection on the level of general aggravating circumstances and the other one we assigned for the obstruction as a special aggravating circumstance for the punishment The people with special needs do not have the same physical or mental abilities as the right person because they suffer from one or more disabilities, which makes them unequal to the rest of the society; this case will effect on their abilities for protection when committed a crime a against them - which justifies their need to the special criminal protection, which shows that the availability of disability in the victim must have an impact on the level of punishment for the offender.

We have concluded that the planned criminal protection is weak, So, a lot of crimes that may be committed against members of this category are free of putting .the disability as an aggravating circumstances of punishment except the general aggravating circumstances for punishment which will not be enough and which is not - sufficient to provide adequate criminal protection of this category which allows to emphasize on its basis which calls the Iraqi legislator to make disability an aggravating condition for punishment and to be stressed and based on it.