أحكام جريمة استغلال حاجة القاصر في قانون العقوبات العراقي والجزائري: دراسة مقارنة

Abstract EN

This research deals with the provisions of the crime of exploiting the needs of minor in the Iraqi and Algerian penal code.

its purpose is to clarify the provisions of this crime and the similarities and differences between both in order to take advantage of the strengths of each law, and whether they suffer from legislative gaps or not.

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

the study concluded with results: the similarity between the two laws on certain issues, such as toughening the penalty against the perpetrator if he has authority over the minor.

as for the issues of disagreement, the case for argument was in favor of Iraqi law on certain issues, such as committing the crime whether it causes damage to the property of the minor or others.

on other issues, the balance was in favor of Algerian law, such as imposing penalty of both imprisonment and fine against the perpetrator.

thus, the Algerian legislator can benefit from the Iraqi legislator, and vice versa.

we also suggested an alternative legal article to the articles dealing with the provisions of this crime in both laws.