Justifications and Objectives of Legislation in Light of legislatives Philosophy of Internal Security Forces Penal Code No. (14) Of 2008, as Amended


  • Rasool Hashim Oufi ,Mohammad Jabbar Atuwaih


social life or social relations, legislative philosophy, criminal law


The overall goal of positive law is to establish and realize order in social life or social relations, that is, security and legal equality between "individuals". Through the existence of law, people can safely act and feel safe in the shadow of law. According to the views and wishes of law, there is no room for surprise. At the stage of increasingly close relations between individuals, statutory law has also achieved legal equality, because it is aimed at all individuals and governs all similar situations in which they are in. Importance of research: According to the legislative philosophy of the criminal code of the internal security forces, it is particularly important to review the reasons and objectives of legislation, since the reason for promulgating any rule or legal text is the reason for legislation. This prompted us to review the reasons and purposes of the legislation of the internal security criminal law No. 14 of 2008, which was amended into a special criminal law. Research questions: Study on the legislative motivation and reasons of the criminal law of the internal security forces (No. 14) The 2008 amendment, adopted by legislators, reflects the legislative concept, but the law does not cover these reasons and objectives, and meets the needs and objectives of legislation. Protect the interests of security facilities or public order of internal security forces. Scope of study: The scope of our study falls within the scope of criminal legislation. Therefore, our study will depend on the scope of Iraqi criminal legislation, especially the amended criminal law of internal security forces No. 14 of 2008. Research methods: In this study, we will analyze the text of the criminal law of the internal security forces and review its legislative objectives and objectives in order to determine the extent to which the legislative objectives are achieved through the content of its text.