The impact of the concept of possession on criminalization and punishment | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 4, Volume 12, Issue: 1 part 1, March 2022, Pages 104-135 PDF (930.53 K) | ||
| DOI: 10.37651/aujlps.2023.177041 | ||
| Authors | ||
| raad fajr al rawi; saad rabea al ani | ||
| Abstract | ||
| The law aims to protect rights, freedoms and interests in order to satisfy the needs of the individual and society alike, and since the individual is a member of the members that make up human societies, based on this membership and by virtue of human nature, rights and freedoms are generated for him to satisfy his multiple needs, and that these rights and freedoms are connected in other branches of law, Accordingly, the Penal Code is closer to these rights than those other branches, as it was established in order to protect these rights, by criminalizing everything that affects them and imposing punishment on it, such as assaulting the right to property, even if these rights and freedoms are dealt with by other branches of law, such as the Civil Code, which dealt with its concept and systems of provisions in detail, As the original domicile of it, the Penal Code has provided criminal protection for these rights and stipulated severe penalties for those who abuse them when the elements of the crime are available. Then it moved to the Penal Code to contribute to solving many of the difficulties and problems that arise before the criminal justice, as the effect of possession lies in the adaptation of crimes and then determining the punishment for each crime, whether possession is complete or incomplete. | ||
| Keywords | ||
| Possession; money crime; criminal law; civil law; Switching possession | ||
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