Criminal Agreement
Abstract
One of the most important evidence that shows the seriousness of the criminal activity is its occurrence according to a previous criminal agreement shows an advanced level of criminal readiness and a social danger . An agreement between two persons or more to commit a criminal behavior refers clearly to a sort of management and despisement of the security of the society and a breach to all laws and social traditions. And it has elements that are agreed at among all scholars though its expressions are different. And we can confirm that this agreement in its essence is a psychological case based on two wills or more, but it has a materialistic appearance which is taken from the means of expressing will. In the current study we adopted an inductive method for the texts and an analytical one for the juristic opinions. It is approved to us that the criminal agreement is different from that agreement which is a type of criminal participation from several aspects ; and there are two types of criminal agreement: general and particular. A member of a criminal agreement is forgiven from punishment in case that he initiates to inform the juristic authorities about the existence of a criminal agreement and who are the participants before it happens. The researcher reached at several findings and made some recommendations for the sake of avoiding the mistakes and shortages that the Iraqi criminal legislation committed. .
References
- Fourth: Judicial decisions1. Decision of the Court of Cassation No. 454 / Discriminatory / 1978 on 19/3/1978, Journal of Judicial Judgments, p.1.2. The decision of the Iraqi Court of Cassation No. 2324 / Crimes / 1972 on 1/11/1972, Judicial Circular.3. Decision of the Court of Cassation No. 2778 / Crimes / 73 on 13/5/1973, Judicial Circular, p. 2, p. 1974, 4.4. Revocation of Egypt 7/12/1912, Maj. 14, No. 30.5. Revocation of Egypt 4/4/1929, No. 30, No. 95.6. Negation of Egypt 24/6/1940, Legal Rules, C5, No. 26.7. Appeal No. 436 for the year 1414, the session of 5/5/1944.8 - Egyptian veto 18/4/1967, the provisions of the veto 18, No. 106.9. Egyptian Defamation on May 21, 1946, Law Journal, Supplement No. 2, Year 27, Rule 110.
- Second: Letters and university papers1. Dr. Ali Hassan Al-Shami, criminal offense in the Egyptian and Comparative Penal Code, PhD thesis, Cairo, 1949.2. Hussein Ali Hussein, Criminal Agreement in Iraqi Law (Comparative Study), Master Thesis submitted to the University of Baghdad, 1983.3. Sadi Ibrahim al-Adhami, Espionage Crimes in Iraqi Legislation, Master Thesis, University of Baghdad, 1980.
- Third: Laws1. Iraqi Penal Code No. 111 of 1969.2. Egyptian Penal Code.3. The Lebanese Penal Code.4. The Jordanian Penal Code.5. The Syrian Penal Code.