الضرورة الجنائية بين المانع و التبرير

Abstract EN

The state of necessity in the Iraqi criminal law is one of the barriers to criminal liability and it is of a personal nature related to the perpetrator, and the legislator has set many conditions for it if these conditions are met, the criminal responsibility is abstained from the perpetrator, but civil liability remains in place, so the perpetrator is obligated to compensate for the damage he caused, but he is not subject to criminal punishment.

However, the state of necessity does not in all its cases necessitate the exclusion of criminal responsibility and the preservation of civil liability, as some cases require excluding responsibility in both its criminal and civil forms, which is considered a justification and not a reason preventing criminal liability.

Note that the Iraqi criminal legislator Count the case of necessity in all its cases Preventing criminal liability This is contrary to justice; Because there are cases that should fall within the reasons for permissibility Because it causes harm For the one who does the necessity For the benefit of others or for the benefit of the victim himself That is why we have highlighted the concept of criminal necessity, And distinguish it from what is similar to it and the position of jurisprudence and the Iraqi criminal and comparative judiciary in determining its nature as well as its nature in other branches of law.