A scientific article by the lecturer ( Assistant Lecturer Fatima Makki Shaalan) entitled “Criminal Law (Penal Code): Concept, Objectives, and Basic Provisions”

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Introduction:<br /><br />Criminal law is one of the most important branches of public law. It provides the legal framework that defines actions considered crimes and assigns corresponding penalties as determined by the state. The aim of this law is to protect society, regulate individual behavior according to the values of justice, and to prevent and deter crime.<br /><br />⸻<br /><br />First: The Concept of Criminal Law<br /><br />Criminal law is a set of legal rules that define criminal acts and prescribe penalties for them. It is also referred to as “penal law” and it covers the following:<br /> • Definition of crimes: Identifying acts that are deemed criminal by law (e.g., murder, theft, fraud, torture).<br /> • Types of crimes: Crimes are classified into felonies, misdemeanors, and infractions based on the severity of the act.<br /> • Penalties: Including capital punishment, imprisonment, fines, deprivation of rights, and others.<br /><br />⸻<br /><br />Second: Objectives of Criminal Law<br /> 1. Protection of public order: By establishing rules that prevent violations of rights and freedoms.<br /> 2. General deterrence: Informing society that anyone who commits a crime will face punishment.<br /> 3. Specific deterrence: Punishing the offender to prevent them from reoffending.<br /> 4. Rehabilitation of offenders: Reintegration of the offender into society as a law-abiding individual.<br /> 5. Achieving justice: Through fair trials and penalties proportionate to the crime.<br /><br />⸻<br /><br />Third: Branches of Criminal Law<br /><br />Criminal law is divided into two main sections:<br /> 1. General Part: Covers the general principles of crime and punishment, such as:<br /> • Elements of the crime (material, moral, and legal).<br /> • Justifications (e.g., self-defense).<br /> • Attempted crimes.<br /> • Multiple crimes and sentencing rules.<br /> 2. Special Part: Deals with specific types of crimes individually, such as:<br /> • Crimes against persons: Like murder and assault.<br /> • Crimes against property: Such as theft and forgery.<br /> • Crimes against state security: Like espionage and terrorism.<br /> • Public official crimes: Including bribery and abuse of power.<br /><br />⸻<br /><br />Fourth: Fundamental Principles in Criminal Law<br /> • No crime or punishment without a legal provision: A person cannot be punished for an act that is not explicitly criminalized by law.<br /> • Personal responsibility for punishment: Penalties apply only to the individual who committed the offense.<br /> • Non-retroactivity of the law: A law should not apply to actions committed before its enactment, unless it is more favorable to the accused.<br /><br />⸻<br /><br />Fifth: Evolution of Criminal Law<br /><br />Criminal law has undergone significant developments in modern times, including:<br /> • Emphasis on rehabilitation programs instead of harsh punishments.<br /> • Introduction of alternative sanctions such as community service.<br /> • Strengthening of defendants’ rights, like the right to legal defense and equal treatment before the law.<br /> • Addressing modern crimes, such as cybercrime and financial corruption.<br /><br />⸻<br /><br />Conclusion:<br /><br />Criminal law is the vigilant guardian of societal security and stability. It not only deters criminals but also works toward crime prevention and the protection of rights. For the law to remain effective, it must evolve with societal changes and strike a balance between the state’s right to punish and the individual’s right to a fair trial.<br /><br /><br /><br />"AL_mustaqbal University is the first university in Iraq"<br/><br/><a href=https://uomus.edu.iq/Default.aspx target=_blank>al-mustaqbal University Website</a>