التجريم الوقائي في قانون مكافحة الإرهاب رقم 13 لسنة 2005

Abstract EN

The legislators have interested in the world wide to combat the phenomenon of terrorism and eliminate the negative effects of the devastating which has become affect the prestige of their countries' integrity and stability, through the legislative tool which plays important role in the face of terrorist crimes, and this is what was adopted and moved him most national legislation, including the Anti-Terrorism Act No.

(13) in Iraq, which was enacted in 2005.

Since the seriousness the acts of terrorism, the author found that the criminal legislator has pursued a preventive criminalization policy by criminalizing acts committed in the preparatory phase of terrorist crime, such as the acts of construction and incorporation and configuration and organization of the associations is legitimate, and the actions of incitement to commit terrorist offenses to those acts of gravity may outweigh the seriousness of the crime instigator of it, as the offense of unlawful initiation because it is no less dangerous than the full offense, the offense has been any act that would endanger people's lives and physical integrity at risk even if it did not result in any damage Therefore, the author starts with the concept of preventive incrimination and explain the its creators , and then the author reviewed the standards, and then we explained the concept of terrorism through its meaning, and learned about the subjectivity, then Pena scale preventive criminality in the anti-terrorism law through the policy of preventive criminalization pursued by the Iraqi legislature in addressing criminalization of terrorist acts and those critical to the security of the state stipulated by the anti-terrorism law, and we ended the search a number of conclusions and proposals.