(التضخم التشريعي في التشريع العقابي)‎ العواقب والآثار والانعكاسات على خاصيتي الردع والإصلاح قانون العقوبات العراقي أنموذجا: دراسة تحليلية نقدية

Abstract EN

Legislative stability is one of the most important guarantees that are indispensable in achieving legal security, which all countries of the world, without exception, seek to achieve.

That this does not necessarily mean the success of these endeavors, because achieving this endeavor is not a matter, as the legislator often faces during the performance of this task a lot of difficulties and obstacles, which come on top of which is that the legislator does not go beyond being a human being who mistakes one time, and right in another's.

and Then the permanent need to keep pace with the development of society and the world in an effort to give justice the feature of discipline, which pushes legislator to amend and supplement legislation the law, considering This issue as one of the most important tools used by the legislator to adjust the impact of the legislation with the reality and circumstances of society when the legislator fails to accomplish this task.

we have the result of the phenomenon of legislative inflation that afflicts most of the countries of the contemporary world.

Penal legislation, as a legislation, is not exempt from falling victim to the clawing amendments and supplements despite the specificity that is unique to all other legislation, because it is a law that is strictly subject to the principle of legality of crimes and penalties or The text of crimes and penalties, the Penal code, amended by the Iraqi Penal Code in force No.

111 of 1969 is therefore a shield protects sovereignty and legal security of the state, so as not to deprive it of its legitimacy on the one hand, and to protects the rights and freedoms of individuals from being violated On the other hand, and to protect the rights and freedoms of individuals from being violated, on the other hand, the amended Iraqi Penal Code in force, which was enacted to achieve the desire legislator's desire to keep pace with development and adapt of circumstances and reality of societyis designed to embody the principle of uniformity of rulings and terms.

it has not been exempt from intensive amendments, which than twice the size the legislation.

The legislature has focused on criminalizing acts and imposing penalties and amending them accordingly, ignoring the reality of the regulations.

Punitive law and its institutions that need to be reviewed, ignoring contemporary criminal policies that have tended to find alternative means and solutions to the reduction of criminality and punishment.