جريمة اغتصاب الزوجة في القانون المقارن

Abstract EN

If the right of litigation is quarantined, the person has no right to take his right by himself when there is assault, but he has to go to the court to rebuff the assault and demand for compensation, therefore, by decisive adjudication issued by expert court to prevent jungle law which raises instincts thus fore and oppression will ruling community then it wastes criminal justice and destroy equality among human being.

Originally of provision when it is conclusive then the punishment in text has to be implemented, unless the law postponed it before that.

Because the seriousness of punishment and it touch the most important of human rights, it has to be surrounded by guaranties otherwise it will to be abuse of using public authority and take away individual liberties to unacceptable way.

Here is the impertinence of study that showed up and stand on forms of topic in implementation of punishment especially the legal library in Iraq is empty of jurisprudential books that has focused on importance of the topic.

Moreover, Iraqi legislator forgot the text on the expert court to look the lawsuit, and there is no text on it like other foreign and Arabic legislations.