The Duality of the Criminal Rule in Iraqi Law

Abstract

If the criminal rule in terms of function is of a special nature (substantive or procedural), this
basis may be subject to an exception in which the legislator combines both types of rules in one
criminal rule for a reason that the legislator deemed valuable and important. This study investigates that it lies in the necessity of legal drafting in the integrity of the criminal text and the ease of reference by the judiciary and the specificity of the interest subject to criminal protection, which may be related to the interest of the family and its affairs Articles (384, 385) of the Iraqi penal law, or related to judicial hearings and the court bench Article (153) of the Criminal trials law, or to take into account the stability of legal and social conditions in the statute of limitations of the criminal case. This necessitated the legislator to address substantive cases in procedural areas and vice versa, so that some procedural effects were available in a substantive area of the penal law and some substantive effects in a procedural area of the law of Criminal Procedures. This is what the study seeks to highlight by clarifying the idea of the duality of the criminal rule and distinguishing it from other ideas of the fragmentation and duality of the criminal rule or the blank criminal rule. In addition to analyzing most, if not all, of the dual criminal texts in Iraq laws under study with the aim of showing where they are used and their purpose, using the analytical legal method and the inductive method of deduction, which led us to the accurate scientific results regarding the idea of duplication and the opinions that we recommend to the Iraqi criminal legislator