Researcher Journal for Legal Sciences

The Duality of the Criminal Rule in Iraqi Law

Fadhil Awad Muhaimid Al.Dulami — Wed, 25 Jun 2025 00:00:00 +0000

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

The Crime of Aggression against Public Money in the Saudi System

Mohamed Hamad — Wed, 25 Jun 2025 00:00:00 +0000

This paper sheds light on a very important topic, especially in the present era in which money has become the lifeblood and a criterion for the progress of nations, peoples, and countries. Countries have begun to allocate large budgets to run public facilities and enhance and develop security, health, education, economy, and various aspects of life.
Therefore, a strict system was necessary to protect public money and criminalize and punish anyone who attacks public money. For that reason, this study included the concept of public money, its types, and the efforts of the Saudi legislator in combating the crime of aggression against public money, and criminalizing and punishing anyone who attacks public money. The study showed that there is no unified system for crimes of aggression against public money such as the Anti-Bribery System, or the Anti-Narcotics and Psychotropic Substances, and other penal systems in the Kingdom of Saudi Arabia.
The paper also explained that the Saudi legislator has set two images for crimes of aggression against public money; a simplified image includes all competent public employees if they commit the crime of aggression against public money, and an aggravated image for employees who directly perform functions on public money. Moreover, the study showed that aggression against public money is done through three conducts: embezzlement, squandering, or neglect in the spending or maintenance of public money. The study recommended that the Saudi legislator should establish a unified system for crimes of aggression against public money, and we suggested that the Saudi legislator set a minimum and a maximum prison sentence for the crime of aggression against public money in its aggravated form, meaning that the penalty should be imprisonment for a period of no less than two years and no more than ten years. We also suggested that the Saudi legislator should increase the fine penalty for the crime of aggression against public money, so that the fine should not be less than one hundred thousand riyals and not more than one million riyals in order to ensure that the penalty fits the crime, as the offender is attacking public money. Furthermore, we recommended that the Saudi legislator clearly specify the penalty of dismissal from office and prohibition from holding public positions for those who commit crimes of aggression against public money.

Mechanisms of the United Nations for Achieving Cybersecurity and Their Impact on Iraqi Legislation

Assist. Prof. Dr. Hameedah Ali Jaber Al-Rakkabi — Wed, 25 Jun 2025 00:00:00 +0000

In a constantly changing world, the only constant is change. With the emergence of various forms and types of cyber threats targeting devices and networks, cybersecurity risks have become multifaceted. These risks do not only affect individuals and organizations but also extend to
jeopardizing the interests of nations and governments, exposing them to breaches, violations, and
dangers. Hence, the need to protect cybersecurity has become urgent to maintain the confidentiality of information across its various types and domains. This requires adopting all
necessary measures and actions to deter malicious actors. From this perspective, the importance of
researching the mechanisms and strategies adopted by the United Nations to maintain cybersecurity comes to light. The research aims to highlight the most significant decisions and
recommendations related to this issue, in addition to examining the regional role in this domain,
including the resolutions and measures taken to protect cybersecurity. The study also seeks to
analyze the impact of the international and regional roles in achieving cybersecurity through the
measures and strategies adopted by the General Assembly and the Security Council. Additionally,
the research will shed light on Iraqi legislation, clarifying the key measures and strategies implemented to ensure cybersecurity in Iraq.

Biosecurity in International Law

Abeer Khalid Chyad Abdali, Prof. Dr. Hussam Abdul Ameer Khalaf — Wed, 25 Jun 2025 00:00:00 +0000

The recent spread of epidemics and infectious diseases has led to the emergence of a new term
known as biosecurity, as it is an integrated strategic approach to analyzing and managing biological risks threatening the lives of living organisms. Due to scientific and technological development, It has led to an increase in biological risks, as trying to reach a specific concept for this term faces many difficulties due to the lack of direct legal treatment at the international level for the issue of biosecurity. The existence of such legal rules at the international level is an absolute necessity to reduce the threats resulting from their breach.

Self-interests of Security Council members and their impact on acceptance of membership in the United Nations (The Palestinian issue is an example)

Dr.Majid Hussein Ali Hammadi — Wed, 25 Jun 2025 00:00:00 +0000

The United Nations Charter grants the Security Council the privilege of permanent membership in the Council and the powers granted to it to make decisions or object to them in accordance with what is known as the right of veto. These are the five victorious countries in the war (the United States, the United Kingdom, the Soviet Union, the Republic of China, and France). These permanent members misused its use and deviated from it to serve their own interests. Which caused the Security Council to live in a state of paralysis on many issues, leading to its inability to carry out the tasks entrusted to it to maintain international peace and security.

This study aims to search for the concept of the veto and explain the voting process in the Security Council and the mechanisms for undermining the process of countries joining the United Nations, contrary to the text of Article (4) of the Charter, and Article (58) of the temporary rules of procedure of the Security Council, which is A violation of the equality of sovereignty stipulated in the Charter.

Constitutional Regulation to Protect the Right to the Image

Dr. Samer Hameed Safer Alrikabi — Wed, 25 Jun 2025 00:00:00 +0000

The image is one of the elements associated with the human personality, and is also considered
one of the most important forms of privacy. This study came to define the constitutional and
legal system that undertakes the task of regulating the image and the rights resulting from it,
especially in the current era that is witnessing a revolution in information progress. Through
this study, we tried to find sufficient legal means to add the necessary protection to the human
right to his private life, represented by his personal image, in order to achieve a quiet and safe
life. Despite the difference in jurisprudence on the issue of the right to the image, as it is a right
independent from the image or connected to it, our study aimed to clarify the constitutional
organization and the legal legislation that branches off that undertake the task of achieving the
necessary protection, as the right to the image is connected to the rest of the other rights that
must be protected.

Re-engineering the Iraqi Council of State Comparative study

Ahmed Albadri — Wed, 25 Jun 2025 00:00:00 +0000

The term “reengineering” is an abbreviation for the term known as reengineering administrative
processes in the organization. It is a radical process of improving and developing work procedures
by redesigning them and all the organization’s facilities at all levels in a way that ensures achieving quality, speed, saving time, and plentiful production, whatever the nature of the organization’s work. Re-engineering administrative processes includes comprehensive improvements based on understanding the nature, characteristics, and tools of the organization or institution subject to this process. It includes developing the human resources aspect, the legislation that governs its work, and developing the mechanisms and systems necessary to achieve excellence and quality in its output. This concept emerged in 1990 in private production and commercial organizations (companies) with the aim of improving production and reducing the costs and using mechanization and modern technology to achieve this purpose. The American engineer Michael Hammer is considered the pioneer of the reengineering theory, which is based on overcoming the difficulties of complex work in the midst of conflicting visions of institutional leaders, the absence of strategic thinking for work, the lack of transparency in work procedures, the difficulty of determine responsibilities, the adherence to administrative positions, and the difficulty of changing responsible individuals of departments that operate according to the mentality of a separate mind or what is called the silo mentality that neutralizes the principle of participation in work and responsibility. This research is an attempt to employ the theory of the reengineering at the level of an independent judicial body, namely the Iraqi Council of State, through redrawing the strategies of judicial, legislative and administrative work, controlling the management and flow of administrative cases, transparency and flexibility in work and getting rid of the forces of resistance to improvements.

The Extent of Artificial Intelligence Application in Combating Tax Evasion in Iraq

Noor Adnan Dakhel Saeed Al Shamri — Wed, 25 Jun 2025 00:00:00 +0000

Tax evasion is a negative behavior that conflicts with social justice and the principle of solidarity among individuals in bearing the tax burden. This deprives the public treasury of a significant portion of the revenues it relies on to finance public spending and implement the government’s financial plan in various areas that achieve the public interest. With the advent of the technological revolution, artificial intelligence has emerged as one of the modern technologies serving humanity in various fields, including tax collection. This technology plays an effective oversight role in onitoring and identifying suspicious activities undertaken by some taxpayers to evade and avoid paying their due taxes. This modern technology operates with intelligence, speed, and accuracy that exceeds the efforts expended by humans in the same field. It also reduces or eliminates errors in tax estimation and collection through automation and accurate data analysis. It also provides recommendations and solutions that alert management to thwart attempts at tax manipulation before they occur, enabling it to exercise effective proactive oversight in detecting suspicious cases and reducing tax evasion. However, despite the important role of this technology, it faces a number of challenges that hinder its implementation in Iraq.
Among these challenges is the lack of tax legislation regulating the mechanism for activating
this technology and its implementation in the field of tax collection. At the end of the research,
we reached a conclusion that included a number of conclusions and recommendations

The role of digital transformation in the development of the performance of the financial authority in Iraq “Comparative study”

Dr. Eid Nasrallah Saad Sayed Harira — Wed, 25 Jun 2025 00:00:00 +0000

This research aims to study the impact of digital transformation on the development of the performance of the Iraqi financial authority, and the analytical approach has been used to interpret
and analyze data to reach results, as well as the descriptive approach, because it describes digital
transformation and digitization accurately, as well as the comparative approach to reach the best
ways to address the problem, and it has been shown that digital transformation management plays
an important role in the development of the performance of the financial authority, and this was
evident in the presence of an improvement in the performance of tax administration in some Arab
countries, including Egypt. After the implementation of the digital transformation strategy, and
despite this, there are some obstacles that prevent the achievement of digital transformation
completely, such as the lack of tax awareness and training activities in an optimal manner, to deal
with electronic taxes, as well as the failure to update the tax environment electronically, whether
exclusively, electronically examined or collected, as well as not focusing electronic tax examinations on a database that keeps pace with modern legislation, and based on the results, the researcher recommends several measures to promote digital transformation, including the adoption of Digital technology, whether inventory, examination or collection within the Iraqi Financial Authority, and providing training programs to enhance the skills of tax officials, as well as encouraging tax culture related to digital transformation to reduce tax crimes, and further stimulate voluntary compliance, as well as the work of updated and continuously developed electronic programs in the Tax Examination Division.

The The Acceptable Requirement of the Iraqi Legislator is the Marital Home in the Crime of Adultery of the Husband

Mawj Karim Ghadab Altimiami, Raghdaa Raed Abdulrazzaq Al-Haddad — Wed, 25 Jun 2025 00:00:00 +0000

The protected interest in family crimes is the family entity as the nucleus of society and the basic unit in the formation of society as its integrity is from the integrity of society and its corruption is from the corruption of society, so the legislator penalizes any act that would affect this entity. Among the family crimes that the legislator punished is the crime of adultery, as the essence of this crime is not sexual intercourse in itself, but rather it is the violation of the spiritual sincerity between the spouses, as this crime affects the family entity and leads to its collapse, and the aim of the legislator in criminalizing it is to protect the family entity from disruption and corruption on the one hand and to protect the unity of the family and its entity as a social and legal system on the other hand, and as the interest required by the legislator from requiring the husband’s adultery in the marital home without the wife is due to the legislator’s focus on the acts that directly threaten the stability of the family and constitute a clear violation of the foundations of trust and security on which marital life is based, which justifies the legislator’s intervention to vindicate the wife on the one hand, and on the other hand we find that the legislator’s requirement of the marital home in the husband’s adultery is to protect the woman from Insult or psychological harm resulting from the desecration of their shared living space.