صور السلوك الإجرامي في جريمة التحريض الطائفي

الملخص EN

The crime reveals a criminal intention of a person who committed it.

This intention is different from one person to another and from one crime to the other.

The offenses of incitement show a dangerous intent of the instigator because he/she aims at creating the idea of criminality in the minds of people and influencing their will to push them to commit the crime.

It can be as a means used by the instigator so as to reach what he/she want to reach The evolution of the means of life in general has had a great impact on the use of these means to carry out illegal acts and behaviors, and to use them as methods for propagating provocative thought, in addition to the continuation of the effectiveness of traditional methods with their great and effective impact.

This coincided with the division of society into groups and divisions as a result of several factors combined.

This was an environment that is suitable for the growing and increasing incitement of other sects and other creeds and the incitement against religions as well The sectarian incitement has become one of the most used tool by terrorist and extremist groups, using resonating expressions that touches their souls, turning many into followers to carry out their operations and/or to exclude others, and sometimes as funding sources and thus they provide people and funds In light of these dangers, we find that punitive legislation has dealt with this deadly picture with legal provisions.

However, this has not diminished them, but they witnessed a significant increase.

This has led the penal legislator in many countries to issue specialized legislation dealing with this phenomenon through anti-terrorism laws and to consider it as one of the facets of the terrorist crime.

As the case of the legislation of the Iraqi Penal Code No.

13 of 2003, and also the endorsement of it and holding regional and international conventions to criminalize terrorist acts, including this crime In spite of all these attempts, we find that the danger of this crime is still increasing.

Many of the provocative bids are not yet covered by the law due to many considerations, such as that they do not rise to the level of the image provided by the Iraqi legislator in the anti-terrorism law.

Therefore, the legislator should be aware of these acts through legislating legal texts that are criminating them.

In addition to the amendment of the law referred to above by introducing a definition of the crime of sectarian incitement so as not to mix it with the images of terrorist crimes that the legislator mentioned, which negatively affects the adaptation of the court to the case.