تناسب العقوبات السالبة للحرية في مكافحة جرائم الفساد الإداري و المالي

Joint Authors

العماري، نافع تكليف مجيد دفار
المرشدي، منى عبد العالي موسى

Source

مجلة الكوفة للعلوم القانونية و السياسية : مجلة علمية محكمة

Publisher

University of Kufa Faculty of Law

Publication Date

2018-04-30

Country of Publication

Iraq

No. of Pages

15

Main Subjects

Sociology and Anthropology and Social Work
Law

Topics

• Criminal law
• Corruption
• Prisons
• Crime prevention
• Iraq
• abuse of power

English Abstract

existence without proportionality and compatibility with the crime committed and the perpetrator's person and the circumstances of its commission does not meet the purposes of the penalty.

This is now known as the principle of proportionality intended to be appropriate between acts criminalized by the criminal legislator And between the penalty scheduled for it .

There must be a rapprochement between the factual and legal situation that led the public authorities to think about issuing specific legislation to regulate the rule of a certain situation.

This principle is one of the basic principles of criminal law.

Despite the existence of this principle and the existence of sanctions against freedom, Notably corruption crimes, as the administrative and financial corruption phenomenon of the most severe phenomena that have affected significantly on all segments of Iraqi society until it became a scourge of Iraqi institutions and mobilized the burden of the citizen and led to the waste of public money that could have been used in the reconstruction R.

Iraq and to provide the necessary services to members of the community .This indicates that the penalties are not suitable for administrative and financial corruption, especially those that are negative to freedom.

The immobility and insufficiency of many of the freedom-related penalties contained in the laws against administrative and financial corruption for a long period of time, making them disproportionate to the requirements of combating it, Public and private, and accordingly we have reached a number of proposals, whether to amend or introduce new sanctions to combat administrative and financial corruption

Data Type

Conference Papers

Record ID

BIM-833334

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