ذاتية جريمة استعمال القسوة في قانون العقوبات العراقي

Abstract EN

The Public Job recognized as national duty and social service that the in charge of it ought to considerate the public interest of the society and the private benefit of the persons.

The Job in this meaning is not a function for profit may the employee seeks for, but it is a holy integrity who bears it, should feel of responsibility, honesty and straightness as he represents the state or one of the public corporations.

As for the authority the employee has been gained and granted in order to achieve the public interest , he must not abuse using this power for obtain other purposes in a way may cause injuries for other persons ; so the employee or the in charged of public service should perform his duties honestly .

According to the mentioned above, and to maintain the reputation of the public job in one side , and the interests and rights of the persons from the other side, our vision is, the legislator subjected the employee and the in charged with public job , to the incrimination provisions , in a chapter of the Iraqi Penal Law No.

111 for the year 1969, called the Crimes of the Employees Exceeding their Job Limits .Among these crimes, the crime of using the severity by the employee and the in charged with public service depending on their authority which caused violation in others honor or injuries in their bodie.