جريمة الاخلال بالاداب العامة بواسطة وسائل تقنية المعلومات

دراسة مقارنة

Abstract

Modern technical devices represent the most postulated phenomena of all
contemporary advanced communities due to its nature which is based upon
the operation of merging computer sciences with tale communications. This
available modern device may lead to be as assistant factors for a certain
group of crimes. Such crimes may include those which could cause serious
harm to public manners by producing or sending those prohibited matters
throughout the internet. Its worth mentioning that, the Iraqi legislator did not
treat these above mentioned crimes through a special provision. Where as
such crimes are usually adapted according to Article No.(403) of the
amended Iraqi Penal Code No.(111) of 1969. This article treated the crime
by a general traditional provision which did not give any importance to the
very device by which the crime has been committed either it was a
conventional or technical one. Therefore, the provision of Article (403) was
not sufficient for convicting technical crèmes or even for putting the
appropriate punishments for them. Furthers more, preparatory actions of such technical crimes are considered as the accommodation work from the
corner of incriminating such crimes, whereas other penal codes considered
them as executive actions which create these crimes. In addition to that
another penal codes, required a special intention which is embodied by
exploitation and contribution for the purpose of convicting such crimes.
Other penal code required only a general intention for incriminating
technical crimes. Finally, the punishment of such kind of crimes according
to the Iraqi Penal Code No. (111) of 1969 does not confirm with their very
nature in comparison with other Penal codes.