أثر العلاقة الزوجية في قانون العقوبات العراقي

Abstract EN

Marital relation has a great effect on man's life in general, because it is the legal frame for establishing a rightful legal family.

This relation also has its great effect and importance in laws in general and the Criminal Law in particular (substantive and procedural).

As for the scope of the sustentative rules (under study); it deals with the rules which organize incrimination and penalty in which the state organizes the right of penalty and put forth the boundaries between what is prohibited and what is permissible and codify the appropriate penalty specified by the law in case of breach.

The study we examines, in two sections, with the effect of the marital relation from the substantive perspective of The Iraqi Panel Law with the two sections of the criminal foundation, (incrimination and penalty).

The first talks about the effect of the marital relation on incrimination and permission through a number of actions which marital relations plays a role in incrimination or permissibility such as adulteiy, making an Invalid marriage contract and husbands' abuse of wife, using his right of discipline as a reason of permissibility reasons.

In the second section we talk about the effect of this relation on the incrimination field through a number of crimes in which the marital relation makes an effect in increase, decrease or exemption of the punishment whether it is concerned with the public interest or the personal interest.