Speech Philosophy in the View of the Iraqi Criminal Legislator (Case Study Iraqi Law of Criminal Procedures No.23 of 1971)

Abstract

The criminal law, both procedural and substantive, is one of the most important laws regarding the behavior of individuals in society. It defines the acts to be avoided and the rules to be complied with. Otherwise, the perpetrator is considered as acting against the law, subjecting himself to penalties within that Law. It should be noted that the Criminal Code provides protection not only for human life, freedom, property and honor, but also provides protection for animals. Penal law has bases and principles on which human rights are based on. It makes no sense to punish an individual for conducting a behavior he or she was not aware of, or to punish him or her on an act that was not criminal at the time of its commission. Therefore, it was necessary to state the principles governing this law, such as the principle of criminal legality, the principle of non-retroactivity, the basis of criminal responsibility, cases of contraindications, and the elements of the criminal act. If these legal principles applied in the most punitive laws, including our amended law No. 111 of 1969, did Islamic law defined these principles? Has Imam Ali peace be upon him developed and established these principals in his judgment and rulings? The answer to those questions was the subject of this research, as we focused on the most important principles of criminal law mentioned above, where it turns out that Imam Ali peace be upon him has applied them before the French Revolution which was thought to be the first who have Applied those principals in nearly a thousand year.