Year:2022   Volume: 4   Issue: 3   Area: Law

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Kadhum Abdallah Nazal AL-MAYYAHI

IMPLEMENTATION OF PENAL PROVISIONS AGAINST A LEGAL INDIVIDUAL AND THEIR PROBLEMS IN IRAQI LEGISLATION

Legal persons play a large role in societies, especially in recent times, because they have played a positive and pivotal role towards high rates of investment and economic development. However, these legal persons may prove their involvement - in some cases - towards committing many crimes and violating the provisions of the law. Accordingly, the importance of this research comes through dealing with one of the important topics, which is to shed light on the implementation of penal provisions on the legal person and its problems in Iraqi legislation. Our study aims at explaining the approach of the Iraqi legislator towards the proper implementation of the penal provisions on the legal person, especially since the implementation of the judgment revolves around the availability of many legislative provisions, and what many legal texts have settled in the criminal legislation in Iraq, so what is the contribution of those policies and procedures regulating the implementation process Towards achieving its deterrent goals and achieving retributive justice. Despite the clarity of the texts related to the implementation of penal judgments on a legal person, many legal difficulties and problems may arise when implementing a criminal judgment, which would have an impact on obstructing the course of justice, which calls for solutions that remove such obstacles. Our study deals with following the descriptive analytical approach and clarifying the position of the Iraqi legislator towards the issue of implementing penal provisions on the legal person. Our study in this regard is divided into two sections; In the first topic, we deal with the concept of the legal person and the trends of legal jurisprudence towards his penal responsibility.. Then we explain in the second topic the position of the Iraqi legislation regarding the implementation of criminal judgments towards the legal person, as our study addresses two demands. ‎

Keywords: Legal Person, Penal Judgment, Iraqi Legislation, Problems, Legal Jurisprudence.

http: //dx.doi.org/10.47832/2717-8293.17.23


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