استفزاز المواطن من قبل رجل الشرطة أثناء اجراءات التفتيش

Abstract EN

Provocation is one of the reasons for committing the crime and it is a relationship between the perpetrator and the victim, where the positive role of the victim in pushing the perpetrator to commit the crime as a result of the words or actions that lead to provoke the offender and provoke his anger to commit the crime.

It is clear in the crimes of the use of cruelty committed by an employee or in charge of a public service depending on his job, causing a breach of the honor of others or pain in his body, or the abuse of power by causing serious harm to the funds or interests of the entity in which he works or related to his job.

And the fact that the provocation as an excuse falls under the banner of the special excuses contained in the penal laws make the positions and opinions of the comparative legislations differ in the extent of the effect resulting from it, even if these legislations acknowledge and consider the role of external influences in the control of a person over his will and at the same time producing a state of provocation, we see that the legislator subjected the employee and the person assigned to a public service to incriminating provisions within the Iraqi Penal Code No.

(111) for the year 1969 called the crimes of employees exceeding the limits of their jobs.