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The Crime of Failure to Give Assistance in Iraqi Legislation

The Crime of Failure to Give Assistance in Iraqi Legislation

Judge Kadhem Abd Jassim Alzesdy

2018-11-15 10:44:00

 

 

 

There is a purpose and reason for enacting every legislation so that the Iraqi Penal Code stipulates that the failure to give assistance is a crime and the reason for criminalizing this act.

The criminal lawmaker makes the moral values is the ground to criminalize the failure to give assistance since the criminal lawmaker aims at protecting the social interest which represented by common moral feeling of the community . So that the duty of the lawmaker is to achieve balance between the circumstances of the society and its moral value which set deeply in it. This is why the Iraqi lawmaker makes the moral duty is the standard for the criminalization and considers the committing it is contrary to moral duty.

The article (370) of the Iraqi Penal Code  related to  the crime of the failure to give assistance and the paragraph (1) stipulates that  ً   anyone who, without justification , refrains from or hesitate in giving assistance when requested to do by competent public official or agent at a time of fire ,flood or other disaster is punishable by a period of detention not exceeding 6 months plus a fine or by one of those penalties. The paragraph(2)of the above article stipulates that the same penalty applies to any person who, without justification, refrains from or hesitates in giving assistance to a victim of a disaster or offence. The forms of the failure to give assistance according to Iraqi lawmaker are three: refraining from giving assistance to public official or agent at the time of fire, flood or disaster, refraining from giving assistance to a victim of a disaster or offence and refraining from giving assistance to a person unable to look after himself by his young or old age and state of health while the holdout is able to give assistance but he/she refrains from without justification. The Iraqi lawmaker doesn't determine the kind of the crime committed against the victim either felony ,misdemeanor or violation but we will consider it a crime if it constitute an immediate danger on  victim's life or property such as the murder or kidnapping or sexual crimes or it will be a felony against the property like the robbery and burning the property.

We think it is nonsense to hold  a person accountable  because he/she refrains from giving the assistance to a victim of insulting or defamation since such crimes do not pose an immediate danger. We also believe it is unreasonable to sentence a person to prison or fine since he/she refrains from or hesitate in giving assistance to the violation  victim so that we suggest to amend the article (370) of Iraqi Penal Code No.(111) of 1969 (amended) by limiting this state for the felony or misdemeanor victim that poses an immediate danger to his/her life or his/her physical safety or his/her property or his/her honor. The Iraqi lawmaker doesn't specify the kind of the assistance that shall be provided to the victim whether protection the victim or notify the public authority. All abovementioned clarifies that the Iraqi lawmaker has enlarged the liability of the individuals to participate in combat  the crime for protection a life or other right of the victim when being in circumstances and it is difficult for the competent authorities to provide protection.

 

 

 

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