جريمة انتهاك الحق في سرية عقد المقاولة : دراسة مقارنة

Abstract EN

The crime of violating the right to confidentiality of the contracting contract is one of the most serious crimes that fall on the public office, which is the disclosure of the confidentiality of the contract, as the crime in question represents a violation of the principles on which contracting in contracting contracts is based, as the legal obligation to keep secrets and not to divulge them is one of the important duties.

entrusted to those associated with the government, agents and workers with them, that is, it contains many documents, information and data that must be concealed and not disclosed, because without his job position, he would not have been able to access them .In this study, we have clarified both the definition of the crime and the statement of its elements, and then identifying its implications, and many results appeared to us, the most important of which is the insufficiency of the legislative text stipulated by the law.

The Iraqi legislator has imposed a penalty on the perpetrator of that crime.

The mentioned crime is committed intentionally or through negligence and is considered a crime harmful to the public interest.

On the other hand, we asked the legislator to amend the text of Article (327) of the Iraqi Penal Code to make the punishment indefinitely similar to some articles that Employees handled it beyond the confines of their jobs .And to make the drafting of the text include all the contracts through which the perpetrators seek to commit the crime and not be limited to the contracting contract, that the crime in question included and objective effects and the extent of compatibility from studying and researching this topic and the results and recommendations it reached.