شروط تمتع الأم التي تقتل طفلها حديث الولادة بالعذر المخفف: دراسة مقارنة بين قانون العقوبات العراقي والتشريعات العربية

Abstract EN

This research deals with the conditions of enjoying a mitigation excuse for a mother who kills her newborn child in the Iraqi penal code compared to Arab legislation.

its purpose is to clarify those conditions and verify whether article (407), that dealt with the mentioned conditions, suffers from legislative loopholes or not.

in order to achieve this, the researcher used the analytical inductive, comparative, and critical method.

the most important findings of the research are: six conditions must be available in the crime of a mother killing her newborn child in order the mother gets benefit from a mitigation excuse.

in addition, article (407) suffers from many legislative loopholes, including: not determining the age of the newborn child, and not showing the extent to which the mother's partners in the crime enjoy a mitigation excuse or not.

the research concluded with recommending the legislator to amend article (407), and we suggested an alternative text to avoid the objections directed at it as much as possible.