Journal Of the College of law /Al-Nahrain University

Drugs are one of the most dangerous challenges facing countries and the international community as a whole , as they are a phenomenon that has serious economic , social and health effects. These effects do not effect only one country , but rather the international community as a whole . Therefore , there must be mechanisms that can be relied upon toi combat this dangerous scourge , so that it has an effective role in this field and from which countries can derive all procedures in legislating their laws that are compatible with this dangerous situation . There are several types of mechanisms , including international , regional and national , through which countries work to combat drugs and psychotropic substances . The mechanisms that concern us are the international mechanisms , which we will discuss. In detail in this area

The crime of drug abuse has become a widespread phenomenon in Iraqi society, and in its effects it is considered more dangerous More harmful than the crime of terrorism; Because it leads to exhausting the health and psychological state of the user on the one hand, and affects the security and stability of society on the other hand, especially since cases of drug abuse are constantly increasing, as they play the same role that genocide crimes play; Because it makes the user live dead without thinking or feeling responsible while it is in effect, and after it ends, it makes him an unstable, nervous, and depressed person who has no choice but to commit violations to release the negative energy that controls him, as a result of his drug use.
Individuals resort to drug abuse for several reasons, including: family disintegration through divorce or polygamy, violence, poor upbringing, bad companions, poverty unemployment, loss of a partner or boyfriend, and other emotional reasons. Accordingly, the reasons are social, psychological, emotional, or Economic is one of the most important incentives that encourage drug abuse, which necessitates work to rehabilitate and prepare addicts socially and psychologically before starting procedures for implementing addiction treatment programs.

Drug and psychotropic substance abuse remains a social problem in most countries of the world. Specialists and experts in this issue have long pointed out the relationship between drug abuse and antisocial behavior, which can be described as criminal and abusive behavior. Therefore, drug abuse leads to a world of crime and pushes individuals to commit crimes. These crimes are not limited to the illegal use of drugs, but also include the sale, purchase and trafficking of narcotic substances.The problem of the spread of drugs and addiction to them has become one of the threats facing the public order, specifically national security and public health in most countries, including Iraq. In recent years, the spread and increase of crimes related to the illegal trade in drugs and psychotropic substances has been observed. Such criminal crimes are increasingly increasing in size and becoming a dangerous social factor that negatively affects people\'s lives, health and well-being due to the weakness of administrative and legal measures to counter the danger of drug trafficking and its promotion in society.Therefore, it was of utmost importance to highlight the important role of administrative control authorities and the means they can use and their effectiveness in combating drugs and psychotropic substances in Iraqi legislation, along with the importance of studying the set of problems related to administrative and legal prevention of the illegal circulation of drugs and psychotropic substances..

Previously, drug crimes were limited to addiction and trafficking in tangible, chemical or natural criminal drugs. Now, after the technological development that has included all aspects of life, including drug crimes, a new type of addiction to newly existing drugs has been created by electronic crime elements to be a new drug, namely (digital drugs). Crime mafias have produced different tonal audio clips in frequency that are transmitted through earphones used in the ears to have a psychological effect that leads to the same results as traditional drugs. Therefore, there must be cooperation between the family, the media and the legislative authority to limit this criminal phenomenon and prevent its spread, which has become a threat to the entire international community and to fill the legislative vacuum, and the necessity of international cooperation in activating agreements that contribute to preventing such criminal phenomena.

Given the exacerbation of the problem of drug abuse in recent years, both at the local and international levels, and the extension of its harm to the individual, family and society, which leads to the deterioration of public health and morals and the disruption of human resources, in addition to addiction to drug abuse leading to criminal behavior, although it is by nature a criminal offense. Based on the above, the importance of this research lies in identifying the danger of drugs and their negative effects on the individual and society and developing treatments that would reduce this criminal phenomenon. Perhaps the most prominent of these treatments is activating the role of legislation and the judiciary in confronting this phenomenon, in addition to the role of the Ministry of Interior in rehabilitating victims of drug and psychotropic substance trafficking crimes (addicts) in clinics designated for this purpose, as Iraq is currently leading the opening of rehabilitation centers for addicts to combat drugs with the efforts and follow-up of His Excellency the Minister of Interior, and in order to eliminate this phenomenon, one of the most important methods that His Excellency the Minister of Interior has addressed is the opening of these clinics, which were It has a great impact in enlightening these young victims of crime and drug addicts and providing them with what is healthy by opening a model sanatorium in each governorate based on the positive things mentioned and leaving everything negative.

The phenomenon of drug use is one of the most serious problems facing society in recent times. It causes severe physical, psychological and mental damage that adversely affects human health mentally and behaviorally. as well as social damage, the use of drugs by one of the spouses leads to tension and disagreements between the spouses, making it impossible to continue in their marital life s right to terminate marital union in the event of addiction to the use of such substances after Addiction is one of them to the use of such narcotic substances after the existence of certain conditions established by Islamic law and law in response to the request for differentiation

The trade in drugs and psychotropic substances, in all its ugliness, has affected Iraqi society, such that drugs have spread like wildfire among its people, and have become a cancerous disease spreading in its guts, which necessitated a firm confrontation of this dangerous phenomenon and the exertion of strenuous efforts at all levels, especially the security and judicial ones

Given the exacerbation of the problem of drug abuse in recent years, both locally and internationally, and its impact extending to the individual, family and society, which leads to the deterioration of public health and morals and the disruption of human resources, in addition to addiction to drug abuse leading to criminal behavior, although it is by nature a criminal offense. Based on the above, the importance of this research lies in identifying the danger of drugs and their negative effects on the individual and society and developing treatments that would reduce this criminal phenomenon. Perhaps the most prominent of these treatments is activating the role of legislation and the judiciary in confronting this phenomenon by the Ministry of Interior rehabilitating victims of drug and psychotropic substance trafficking crimes (addicts) in clinics designated for this purpose and trying to integrate them into society.

Digital drugs are one of the contemporary disasters that negatively affect individuals and society. They are a type of addiction via the Internet, and a phenomenon that has recently spread in Iraqi society, but it has appeared since ancient times, as it was discovered in 1839 AD to treat some mental patients who suffer from anxiety and depression, and then its use developed to become the new type of addiction.Therefore, this study aims to identify the nature of digital drugs as a new and dangerous concept of unregulated addiction, their impact on society and the family, and how they are traded, and to shed light on the legal and legitimate adaptation of them to establish a preventive and precautionary rule for their use. By reviewing the aspects of the subject and its circumstances, it was most appropriate here to use the descriptive analytical approach compare for the study, and the questionnaire as a tool for it, and it was applied to a sample of 152 male and female students from the College of Law/Nahrain University, where the sample was chosen based on the research objectives through which we want to identify the level of knowledge and spread of digital drugs among young people in Iraqi society. The questionnaire showed that 25% of the sample studied are those who know digital drugs, and the Internet and social networking sites are the most prominent sources for learning about them, while the questionnaire showed that escaping from reality and weak religious restraint are the most prominent motives for using digital drugs. The study reached some results and recommendations that we hope will contribute to combating digital drugs, the most important of which are: that digital drugs, in their legal classification, are closer to music and musical instruments than to intoxicants and stimulants, although their effects are different, and that the principle is that they are not permissible to use except for treatment under specific conditions, and from a legal perspective, they are permissible due to the absence of a legal text that criminalizes them or punishes those who promote them.One of the most important recommendations is to expedite the enactment of the law to combat cybercrimes, and to put in place texts that criminalize the manufacture, circulation and use of digital drugs, while paying attention to the awareness aspect and educating society to address this imminent danger to all of

Combating drugs is considered one of the important issues that the administration has been facing in Iraq due to the seriousness of the problem that is exacerbated by the administration’s neglect of it. Going back to previous years, Iraq was among the countries that were free of this phenomenon, but at the present time, we find that it has become one of the countries that occupies the first place in terms of the spread of drugs, after the political, economic and social changes that Iraq has gone through, especially after the change of the regime in 2003. The phenomenon of drugs and addiction to them is one of the problems that all societies face, whether this society is an advanced society or an underdeveloped society alike, because it has become a threat to security, safety and stability, as the spread of drugs has become one of the phenomena that have negative effects resulting from their use, whether for the addict or the user or for society in general, as we find that drugs have become a deadly scourge that societies suffer from in a dangerous way that is unprecedented. The research topic addresses the study of the role of the administration in the field of combating drugs, as the magnitude of the problem flows from the fact that it becomes more complicated and more dangerous if the administration ignores its treatment, and because the problem of the spread of drugs is linked to the impact on the public system, as it leads to social and moral disintegration and may lead to deviation that threatens the danger of stability within society in general and within families in particular, it was necessary for the administration to intervene in order to put steps to prevent this phenomenon.

The study aimed to define what is meant by the crime of drug abuse and the provisions for punitive confrontation for the crime of drug abuse, and to clarify the impact of criminal rulings for drug abuse against graduate students on their disciplinary.

The research aims to address an important phenomenon and a global problem because it affects human life and health and society in general at the internal and international levels, and which has not stopped at this point, as it has developed with the technological development taking place and a new type has emerged produced by the latter, which is called (digital drugs), which is a phrase About music at different frequencies that has an effect on the human mind similar to the effect that ordinary drugs have, such as cocaine, opium, and others, Despite all the international and domestic efforts made to confront this problem, there is still no agreement that addresses the new type of drugs. The reason for this is the weakness of international efforts in the field of electronic crime. The international agreement concluded in this regard in the year (2024) did not address digital drugs, although it is one of the forms of electronic crime. Also, the Iraqi legislator did not criminalize digital drugs, meaning they are still in the stages of legalization.