المسؤولية المدنية للدولة عن العقوبات السالبة للحرية: دراسة مقارنة

Abstract EN

The issue of denial or acknowledgment of the state’s responsibility for compensation for damages resulting from freedom-depriving penalties, and it turns out that there is no room for denying the state’s responsibility for this, because the state, although it is charged with providing social protection for society, must exercise that authority with the most severe warnings, lest individuals be injured any harm.

and if we establish the responsibility of the state to compensate the victim of the damages resulting from the penalties depriving of liberty, then on what basis do we assess that responsibility, and after we have shown that it is not possible to rely on the theory of annular error, and it was found that the most likely basis and in accordance with the principle of separation of powers approved by the constitution of the republic of Iraq for the year 2005, is the acknowledgment of the responsibility of each authority separately, and that the victim can file a lawsuit against each authority separately, and its responsibility is objective for harmful acts that cause an individual material and moral damage.

then, before whom these cases are filed, and in which court, by submitting them to the competent judicial committee, the compensation is estimated in cash, and it is permissible, according to the circumstances of the case, to award a moral compensation, such as publishing in newspapers and magazines.

our research has been completed and included the findings and recommendations of the study, and we are safe from the Iraqi legislator setting his sights on the legislation of the law on compensation for damages arising from freedom-depriving penalties.