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العنوان
السياسة الجنائية فى مكافحة الإرهاب فى القانون العراقى والقانون المقارن /
المؤلف
الخفى، ليث كاظم عبودى.
هيئة الاعداد
باحث / ليث كاظم عبودي الخفي
مناقش / محمد عيد الغريب
مشرف / غنام محمد غنام
مناقش / علي أحمد فرجاني
الموضوع
الإرهاب. الجريمة.
تاريخ النشر
2013.
عدد الصفحات
448 ص. ؛
اللغة
العربية
الدرجة
ماجستير
التخصص
العلوم الاجتماعية (متفرقات)
تاريخ الإجازة
1/1/2013
مكان الإجازة
جامعة المنصورة - كلية الحقوق - القانون الجنائى
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 455

from 455

المستخلص

Crimes of murder began in general with the brother s murder by his brother ” Cain and Abel ” and this bad Crime Continued with Continuity of human life . In addition , the methods and forms of Committing this Crime were multiple and fear of it grew day by day until the fear became that life might be ended with this Crime.
Crime of murder is no longer Committed by the known . traditional methods but it is Committed and accompanied by acts of terror and horror. And its extent isn t limited only to the victim but it is extended to all classes and Categories of the society to have into existence what is known as the Crime of terrorism .
All Countries whether developing or developed suffer from the Crime of terrorism seeking to get rid of it and looking forward to finding a solution for this problem which leaves destructive effects on all human lives .
The fear of the terrorist phenomenon began to have a new direction that is the attempt to prevent it where Countries sought to set out many of the substantive and formal rules necessary for encountering this phenomenon which grew day by day and spread in all societies.
The Crime of terrorism undoubtedly is deemed to be one of the most serious Crimes in the world because it affects the whole international Community by reason of its merciless Commission and its destabilization of the society as well as spreading terror among all the people .
The clearest example for that is the suffering by Iraq from the atrocities of this Crime and its effects on the domestic level or the external level .
On the domestic level , we notice the great number of the martyrs of these terrorist acts children , aged people and women . This is in addition to the orphans and widows as well as the terror among the people .
Also , it hinders the process of Construction , renaissance and development inside the Country through the getting away of foreign Corporations and investments fearing the terrorist acts .
But on the international level , we find that the state is exposed to terrorist attacks and it looks weak in the eyes of the international Community and it looks unable to maintain its security and order .
For these reasons , we preferred to handle in our research the substantive and procedural Criminal policy for Combating the Crime of terrorism trying to make a Comparison between the substantive and procedural rules adopted by the Iraqi legislator and Arab states on one hand and between the substantive and procedural rules set by the developed Countries for Combating the Crime of Terrorism .
Moreover , we preferred to handle the substantive and procedural policy of the Crime of terrorism in Iraq and the Comparative Arab and foreign law through three parts as follows :
Introductory Part : is devoted for talking about what the terrorist act and its methods are through tow chapters : chapter one : what the terrorist Act Is which is addressed through two section : Section one :
Definition of terrorist Act And The Position of Celestial Religions on It .
We saw that the Arab and Foreign legislations range from making and not making definition of terrorism . Some legislation which defined terrorism invoke the rule of Criminal legality that states that there is no Crime or punishment except with a provision . the other legislations which didn’t define terrorism invoke the difficulty of setting a Comprehensive definition of it owing to its flexibility and the difficulty of Counting its forms and methods . Moreover , the position of jurisprudence and judiciary doesn’t differ as to this direction .
Nevertheless , we preferred to define the Crime of terrorism as any act results in fear or terror among the civilians and which affects the political , economic or social position of the state or even for only making chaos and horror among the people .
In addition , we saw that celestial religions are innocent from the terrorist acts Committed in their names . Judaism is innocent form the denomination of Hasidism and Christianity is innocent from the acts of church Courts . But Islamic shar ia didn’t only Condemn the terrorist acts but incriminated them through the Crime of Hirabah and the Crime of Baghi .