The Iraqi legislator addressed this type of crime in Articles (34, 370, and 371) of the Iraqi Penal Code No. 111 of 1969. The legislative stance is clarified as follows:<br /><br />Article 34 states:<br />A crime is considered intentional if the perpetrator had criminal intent. A crime is also considered intentional in the following cases:<br />A. If the law or an agreement imposes a duty on a person and they intentionally refrain from fulfilling it with the aim of causing the crime that directly results from such omission.<br />B. If the perpetrator foresees the criminal consequences of their act and proceeds with it, accepting the risk of such consequences.<br /><br />A person is not held criminally liable for a crime unless it is committed intentionally or by mistake.<br /><br />This article highlights the necessity of the mental element—either intent or negligence—and it does not prevent holding the perpetrator accountable for omission, provided that intent or fault exists and the person had a duty to act.<br /><br />Article 370:<br /><br />Anyone who, without excuse, refrains or delays from providing assistance requested by a public employee or a person charged with a public service during a fire, drowning, or any other disaster, shall be punished by imprisonment for no more than six months, a fine not exceeding fifty dinars, or both penalties.<br /><br />The same penalty applies to anyone who, without excuse, refrains or delays from rescuing a distressed person during a disaster or a victim of a crime.<br /><br />Article 371:<br />Anyone who is legally or contractually obligated to care for a person incapable of self-care due to young age, old age, or due to physical, psychological, or mental condition, and who, without excuse, refrains from fulfilling their duty, shall be punished by imprisonment for no more than one year, a fine not exceeding one hundred dinars, or both penalties.<br /><br />These articles clearly demonstrate the legislator’s position on omission, considering it a basis for criminal liability when two conditions are met:<br /><br />The existence of a legal duty on the person, such as a prison guard’s duty to feed an inmate.<br /><br />A criminal consequence resulting from the omission, such as the inmate falling ill or dying from hunger.<br /><br />Conclusion:<br />Type of Crime: This is a negative crime, not a positive one, as it is committed through omission, not action.<br /><br />Legislative Stance: The legislator penalizes such negative crimes whenever there is a legal duty on the perpetrator, the perpetrator is capable of fulfilling it, and the omission leads to a criminal consequence. This is clearly stated in Articles 370 and 371.<br /><br />Al-Mustaqbal University, the top university in Iraq