التكييف القضائي لجريمة المتاجرة بأدوية طبية غير مرخص بها في القانون العراقي

Abstract EN

Given the importance of the integrity of the human body, in order to provide him with the appropriate amount of health, which is one of the main foundations of the right to life; And for the close relationship between this and the therapeutic work in both its medical and pharmacological aspects, we find that the Iraqi legislator, like that of the legislator in many countries of comparative law, has been concerned with organizing most forms of dealing with medical drugs, including organizing them for their possession and trading, and has stipulated basic measures for the correctness of these behaviors, And among that is the necessity of the fundamental presence of the drugs that are disposed of in the country, which must be manufactured or imported from sources officially recognized by the concerned authorities such as the Ministry of Health and be in accordance with the constitution of the medicines officially approved in the country, and to ensure observance of these conditions and procedures we find that it is criminalized and punished for trading in unlicensed medical drugs As it was counted as a crime to sabotage the national economy that violates honor and punished it with the most severe penalties that may reach the death penalty, and what the researcher called for studying (the crime of trading in medical drugs not authorized in Iraqi law), it is the approved image of the distinguished Iraqi criminal judiciary in Adapting this crime and the interference that exists between applying its legal and legal foundations to other crimes such as the crime of drug trafficking and the crime of practicing the profession of pharmacy without a permit, it has been devoted to This study aims to shed light on these and other problems and try to suggest solutions that contribute to addressing or mitigating Given the importance of the integrity of the human body, in order to provide him with the appropriate amount of health, which is one of the main foundations of the right to life; And for the close relationship between this and the therapeutic work in both its medical and pharmacological aspects, we find that the Iraqi legislator, like that of the legislator in many countries of comparative law, has been concerned with organizing most forms of dealing with medical drugs, including organizing them for their possession and trading, and has stipulated basic measures for the correctness of these behaviors, And among that is the necessity of the fundamental presence of the drugs that are disposed of in the country, which must be manufactured or imported from sources officially recognized by the concerned authorities such as the Ministry of Health and be in accordance with the constitution of the medicines officially approved in the country, and to ensure observance of these conditions and procedures we find that it is criminalized and punished for trading in unlicensed medical drugs As it was counted as a crime to sabotage the national economy that violates honor and punished it with the most severe penalties that may reach the death penalty, and what the researcher called for studying (the crime of trading in medical drugs not authorized in Iraqi law), it is the approved image of the distinguished Iraqi criminal judiciary in Adapting this crime and the interference that exists between applying its legal and legal foundations to other crimes such as the crime of drug trafficking and the crime of practicing the profession of pharmacy without a permit, it has been devoted to This study aims to shed light on these and other problems and try to suggest solutions that contribute to addressing or mitigating them.