Given the special nature of the relationship between physicians and their patients—which is, in essence, a humanitarian relationship before it is a legal one—and the serious responsibilities arising from it, the physician is entrusted with the health of the patients under their care, as well as with the honest and proper use of medical treatments and methods, including medicines and other medical supplies. Accordingly, the medical profession has become one of distinctive specificity due to its humanitarian, ethical, and legal dimensions. A physician’s commitment to confining their practice to the noble purpose of the profession—namely curing the patient, alleviating their pain, or preventing diseases and epidemics through medical treatment—constitutes an essential part of safeguarding this trust. On this basis, the Iraqi legislator has been keen to provide criminal protection for this objective by criminalizing certain unlawful acts that may affect the essence of medical practice. Among the most prominent forms of this protection is the regulation of the crime of issuing a medical prescription containing narcotic drugs or psychotropic substances for non-therapeutic purposes. This is stipulated in Article (31) of the Narcotics and Psychotropic Substances Law No. (50) of 2017, as amended, which provides that: “Any physician who issues a medical prescription for dispensing narcotic drugs or psychotropic substances for purposes other than medical treatment, with knowledge thereof, shall be punished by imprisonment for a period of not less than three months or by a fine of not less than three million Iraqi dinars and not more than five million Iraqi dinars, or by one of these two penalties, in addition to being prohibited from practicing the profession for a period of one year.” This provision aims to reinforce physicians’ commitment to performing their therapeutic duties in accordance with legal and professional standards, to confine their practice to legitimate medical acts, and to prevent the exploitation of the profession for personal purposes that are inconsistent with its humanitarian mission. This crime is defined as the issuance by a licensed physician of a medical prescription ordering the dispensing of narcotic drugs or psychotropic substances outside the scope of therapeutic purposes, with knowledge of their illegality. The Iraqi legislator has given special attention to defining the elements of this crime—both general and specific—and to clarifying the criminal penalties resulting from its commission. The criminal conduct is defined as issuing a medical prescription containing narcotic drugs or psychotropic substances outside the framework of medical treatment. It is considered an intentional offense that requires the availability of general criminal intent with its two elements: knowledge and will. Thus, the material and moral elements of the crime are fulfilled. In addition, the legislator introduced two special elements: the first is the status of the offender as a physician, and the second is the subject matter of the crime, namely the medical prescription that includes narcotic drugs or psychotropic substances. The legislator also classified this offense as a misdemeanor, based on the prescribed penalty of imprisonment, in addition to other criminal penalties and sanctions, including supplementary penalties and preventive measures provided for by law. Lecturer Asst. Lecturer Mohammed Kazem Al-Awadi College of Law / Al-Mustaqbal University
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