جريمة أداء الخبرة خلافا للحقيقة : دراسة مقارنة

Abstract EN

The crime of a false report is one of the most dangerous things that lead to obstructing the work of the investigative or judicial authorities, which leads to a breach of the course of justice, as it leads to the investigation and judicial authorities being occupied with fictitious cases, as the presence of a real crime entails the investigation authorities conducting investigations, investigations and other investigative procedures in order to stand in fact, this applies to a false report, as the expert’s fabrication of misleading information on crimes requires the same effort, and in the case of judicial rulings based on investigative procedures as desired by the expert, it may lead to exposing innocent people to criminal penalties, and as a result, the penal legislation has unanimously agreed to criminalize anything that leads to a breach of judicial administration or, more generally, a misrepresentation of justice, and one of the offenses against judicial administration is a false expert’s report .

although the penal legislation, foremost of which is the Iraqi penal code, has found penal provisions to address the various crimes that lead to a breach of the judicial administration, including the false report, in a way that enables it to perform its work away from what leads to a breach of the judiciary, but this does not mean that this response is sufficient because in some cases it requires that the punitive text be parallel to the criminal danger caused by the crime, and this is what we did not find in our research, as the legislative text needs more formulation, whether at the level of elements or punishment.