الأحكام الموضوعية لجريمة نقل الحدود : دراسة مقارنة

Abstract EN

Through this modest study, we are looking at the criminal protection that the Iraqi and comparative legislator has dyed in constitutions and criminal legislation on a part of the private property of individuals, which is the boundaries and breaks placed between properties customarily between people or according to the law or local organization in cities and villages, as we prove in our study that the assault On the boundaries between the properties, it is considered a criminal attack on the properties themselves, and this aggression constitutes a crime because it violates an interest protected by the criminal legislator and shows its material and moral pillars represented in acts of assault by vandalism, transfer or total removal, and the special element represented by the limitation of a separation between real property and the conditions of aggravation and mitigation of its punishment, Finally, we suggest to the legislator to double the penalty and tighten it, since the punishment is only part of the property, and if it is not usually self-contained, there is no doubt that it is part of the property in any case, whether it is building, signs, trees, trench or wire.