مركز الأنثى في جريمتي الاجهاض و مواقعة الأنثى بعد وعدها بالزواج : دراسة في التشريع العقابي العراقي

Abstract EN

The Iraqi legislator has paid attention to the character of the female in the crimes of abortion and seducing female promise of marriage and he takes it into account when drafting the legal structure of these crimes have been made, the legislator considered this character to be an element of crime's legal form and without this element the crime would not be completed and couldn't be achieved.

Since the crime of abortion may be committed by the female herself or it may be committed by others, whether with the consent of the pregnant female or without her consent, then the female is considered either an offender, or a victim, as in the case of abortion leading to the death of the pregnant victim.

In addition, the character of the female has a role in determining criminal responsibility in the case of the crime of abortion to avoid shame.

With regard to the crime of seducing the female with the promise of marriage, this study indicates that the female is only a victim in this crime, and her satisfaction has a role in legalizing the act that was committed against her if the person, who had sexual intercourse with the female's consent, has accepted at the beginning to marry her, therefore, his consent will be legal.

The consent may have the effect of mitigating the punishment of the offender if the offender refuses to marry her at the beginning and the elements of this crime that stipulated in Article 395 have been fulfilled then the offender has consented subsequently to marry her according to the provision of Article 398 of the Iraqi criminal law.

In spite of taking care and paying attention which is given by the Iraqi legislator to female in these types of crimes, for the purpose of drawing up a more effective criminal policy and to find criminal provisions that are more compatible and appropriate among them, the Iraqi legislator is supposed to give the female more effective protection by filling the legal loopholes that permeate the substantive criminal provisions for these two crimes (which are explained in this study).

© 2019 TUJR, College of Right, Tikrit University