ذاتية جريمة التصرف في مال الغير : دراسة مقارنة

الملخص EN

The crime of disposing of the property of third parties is one of the crimes that have their own autonomy and origin stemming from the organization of the penal legislator to it a special article that is attached to the fraud , The Iraqi legislator dealt with it in article (457) of the Iraqi penal code No ,(111) of (1969) with stipulates :( A person shall be punished by imprisonment from the conduct of a movable property with he knows he dose not own or has the right to dispose of which he has disposed of in this money knowing that he has already acted in or contracted to him and that would have harmed the third party ) This autonomy comes in response to the importance of this crime in practice , where it is many falling by people who claimed ownership or persons abused their right to sell the moveable of the property more than once , which leads to disruption of transactions in amanner that dose not keep those funds sufficient stability which , in turn , affects the person of the contractor by making him aware of the mistake he or she has us amoney owner or a glass .

The crime of disposing of the money of others has its own concept and certain characteristics , even though it participates in the crimes of other funds , especially the crime of fraud which in the basis of it this partnership does not lose its self-interest but it has its own independence and characteristic of these crimes through the existence of many similarties and the difference crimes the violation of the right of ownership which is the subject of legal protection.