Equality in punishment between attempted and completed crime

: Many crimes were mentioned in penal legislation, whether in general rules or special laws, for which the punitive provisions and the amount of punishment that the judge imposes on the offender were stated, and texts were stated in the general rules showing the case of attempting these crimes, which means failure to complete the crime for any reason, and it is punished with half the penalty. The prescribed punishment is if the crime is committed. In the subject of our research, the Iraqi legislator established texts that equate the penalty for the attempt and the completed crime, that is, whether the crime is committed or not, the punishment is the same. After clarifying its meaning and explaining the justifications that called on the Iraqi legislator to raise the penalty for the attempt and make it equal to the penalty for the completed crime, we discussed applications regarding this case, which It represents a departure from the general rules in the law on elections for the House of Representatives and the provincial and district councils and what are called electoral crimes, as well as in the law on narcotics and psychotropic substances and what are called drug crimes. We reached several results and also made some recommendations with regard to the two crimes under study.

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Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2024-12-01
DOI
https://doi.org/10.63677/jqlap.2024.185015
Primary Topic
Water Resources and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

Equality in punishment between attempted and completed crime

Mohammed Hamza Eidan, Hussein Karim Obaid, Hussain Ali Raji
AL-Qadisiya Journal For Law and Political Sciences
Water Resources and Governance
article

Equality in punishment between attempted and completed crime

Mohammed Hamza Eidan, Hussein Karim Obaid, Hussain Ali Raji
article en

Abstract

: Many crimes were mentioned in penal legislation, whether in general rules or special laws, for which the punitive provisions and the amount of punishment that the judge imposes on the offender were stated, and texts were stated in the general rules showing the case of attempting these crimes, which means failure to complete the crime for any reason, and it is punished with half the penalty. The prescribed punishment is if the crime is committed. In the subject of our research, the Iraqi legislator established texts that equate the penalty for the attempt and the completed crime, that is, whether the crime is committed or not, the punishment is the same. After clarifying its meaning and explaining the justifications that called on the Iraqi legislator to raise the penalty for the attempt and make it equal to the penalty for the completed crime, we discussed applications regarding this case, which It represents a departure from the general rules in the law on elections for the House of Representatives and the provincial and district councils and what are called electoral crimes, as well as in the law on narcotics and psychotropic substances and what are called drug crimes. We reached several results and also made some recommendations with regard to the two crimes under study.

AL-Qadisiya Journal For Law and Political SciencesVol. 15(Issue: 2 part 2)
Peace, Justice and strong institutions
Openalex Percentile: Top 13%
Water Resources and Governance
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