جريمة التأثير على القضاء في اصدار القرارات و الأحكام الجزائية : دراسة مقارنة

Abstract EN

The crime of influencing the judiciary in issuing decisions and penal judgments is one of the crimes of influencing the course of justice, and it is one of the most serious crimes on the judiciary, and it is represented by positive behavior, embodied by publishing matters that affect judges, judges, or officials assigned to investigate.

And related to a case before the judiciary, by one of the publicity methods stipulated in Paragraph (Third) of Article (19) of the amended Iraqi Penal Code No.

(111) of 1969.

The Iraqi legislator has criminalized, “publishing matters that would affect the judges who are entrusted with adjudicating a case before any judicial body, or among the judiciary, or officials charged with the investigation,” in Article (235) of the Iraqi Penal Code, noting that The legislator did not set a criterion by which it is possible to know the matters that would affect the judiciary, which is desirable; The fact that the content of the publishing behavior is flexible, accommodating all current matters, or developed in the future, and did not stipulate a certain characteristic in the perpetrator of the behavior, so it can occur by a natural or legal person, and it is also noted that no text was singled out in the above article, for the publishing behavior affecting public opinion, which It is considered to have a wide impact and affects the judiciary and justice, which affects the decisions and rulings issued by them, and we proposed to the legislator some proposals, the most important of which are criminalizing criminal behavior in all cases, regardless of the condition that it is achieved by publishing by one of the means of publicity, and making publication by means of publicity an aggravating circumstance.

; Because there are many things that would influence the judiciary, but they occur without public verification, as well as singling out a text for publication that affects public opinion, and adding it to the text of the crime - the subject of research.