ذاتية جريمة تهريب السجناء : دراسة مقارنة

Abstract EN

The crime of smuggling the prisoners one of the crimes that the law requires for its availability as a harmful consequence arising from the act committed by the perpetrator of smuggling prisoners - and the accompanying crimes.

This crime expresses a material reality, because its result which is a calculated the physical presence in the out of the world, and its tangible impacts appear in this world and cause harm that can be felt or seen.

The legal (lawful ) pillar of this crime is based on the principle of criminal legitimacy agreed upon by the jurists, which is ((There is no crime and no punishment except with a text)) .

This crime is characterized by physical and moral unity, as it means the preservation of the material element of the crime in its physical unity, and this requires the unity of the crime outcome, and its linkage with the causal relationship of all the acts committed by the perpetrators.

The moral unity means the moral element of this crime, with the availability of a mental bond between the perpetrators that imposes a prior agreement on its commission.

It is a terrorist crime in which there is often a multiplicity of actors, as well as a transnational organized crime.

This crime was distinguished from other the crimes, such as escape crime, the crime of human trafficking, the crime of smuggling migrants, and others.

The crime of smuggling prisoners, like other crimes, aims to protect certain interests and are considered within the framework of the basic interests of the state as a whole, and which prejudice to the basic organization of this state.

This issue has a specificity that is embodied in the development of legal texts mentioned in the Iraqi Penal Code and Arab and foreign comparative laws .