Basra studies journal

The offense of terrorist financing within the banking sector constitutes a serious threat to the integrity and security of national and international financial systems. Terrorist groups often exploit banking institutions to move illicit funds and obtain the financial resources necessary to carry out their activities. They employ sophisticated concealment methods aimed at obscuring the true source of the funds، such as using shell companies، conducting complex financial transfers، or manipulating banking systems to give the funds an appearance of legitimacy.
The gravity of this offense lies in its close connection to transnational criminal networks and its ability to blend seamlessly into routine banking operations.
In this context، the offense of failing to report suspicious financial transactions has emerged as an independent and significant crime. It occurs when financial institutions or their employees deliberately—or negligently—fail to report transactions that raise suspicion. Such failure represents a breach of legal and regulatory duties، facilitates the commission of money laundering and terrorist financing offenses، and undermines the effectiveness of the national framework designed to combat these activities.

There is no doubt that the development of a patent constitutes one of the most significant elements of technological progress, upon which countries are classified as developing or economically advanced. An invention may be achieved, but this does not mean that the creative intellectual effort comes to an end. Improvements and modifications may be introduced to the original invention, whether by the original inventor or by others.
Patent development is regarded as an innovation worthy of legal protection, provided that it meets the substantive requirements for patentability, in addition to the prerequisite that the original invention must already be protected by a granted patent. This latter requirement has raised a key issue concerning the relationship between the development and the original invention, particularly with respect to the duration of legal protection.
Some legal opinions consider the development to be dependent on the original invention and therefore protected only for the remaining term of the original patent. Others regard it as an independent invention that deserves its own separate term of protection—unaffected by the lapse or abandonment of the original patent.

The This research sheds light on the penal mechanisms employed by Iraqi law and comparative legal systems to confront forest fire crimes, whether these incidents occur deliberately by the perpetrator or as a result of negligence. Forest fires pose a major threat to various living organisms, especially humans، as they cause significant damage to food security and sustainable development—effects that may persist for future generations—along with the difficulty of rehabilitating soil damaged by fire.
The study aims to identify gaps in the penal mechanisms used to address forest fires and to propose appropriate solutions. It is divided into two sections: the first section examines the crime of intentionally setting a forest fire, while the second addresses the crime of causing a forest fire through negligence.

This study examines the issue of confronting international terrorism and the preventive mechanisms designed to counter it، with a particular focus on the essential balance between security and the protection of human rights. It reveals the shortcomings present in many international conventions، especially their failure to clearly define fundamental concepts such as surveillance، privacy، and arbitrary interference. Moreover، some of the vague formulations in these conventions allow states to justify security measures under the pretext of “state security.”
The study also highlights challenges arising from weak international coordination in intelligence sharing and tracking terrorist groups، which limits the effectiveness of preventive measures. It concludes that combating terrorism requires the development of both national and international legislation، strengthening judicial and intelligence cooperation among states، ensuring the integration of human rights protection into all procedures، and promoting awareness to prevent the exploitation of individuals in terrorist activities.

This study examines the legal obligations arising for the parties to a transportation contract involving autonomous vehicles, highlighting the responsibilities borne by vehicle operators, manufacturers, and passengers.
The study outlines the duties of vehicle operators in ensuring safety and providing continuous maintenance for autonomous vehicles, in addition to the necessity of receiving proper training and qualification to handle autonomous systems. It further investigates the manufacturers’ obligations to design vehicles safely and to regularly update the software to ensure optimal performance.
Regarding passengers, the study clarifies their duty to follow the vehicle’s operating instructions and to report any malfunctions that may occur during the trip.

This research examines the principle of the presumption of validity of judicial judgments in civil procedural law, viewing it as one of the procedural doctrines that reinforce the stability of judgments and facilitate their enforcement. This presumption means that a judicial decision is regarded as valid and legally effective from the moment it is issued, unless the contrary is proven through legally prescribed avenues of appeal.
The study employs an analytical comparative methodology, drawing on the legal frameworks of Iraq, Egypt, Jordan, and France to determine the extent to which this presumption is binding, the limitations that may restrict its application, and the legal effects it produces in relation to enforcement and appeal procedures.
The research concludes that the presumption of validity constitutes a relative legal presumption that does not preclude challenging a judgment; however, it grants the judgment provisional enforceability unless a contrary decision is issued. The researcher recommends explicitly incorporating this principle into the Iraqi Code of Civil Procedure and regulating its exceptions to ensure a balanced relationship between the stability of judicial decisions and the safeguards of justice and due process.

The proliferation of narcotics constitutes a serious financial and legal challenge that places a heavy burden on public budgets. Expenditures are spread across security, judicial, and correctional institutions, in addition to the costs of treatment and rehabilitation.
This research examines the financial impact of narcotics in Iraq and Egypt by analyzing national legislation and the legal sanctions established to combat drug-related offenses, as well as evaluating the effectiveness of these measures in safeguarding public funds and reducing financial waste.
The study employs a comparative analytical approach to the relevant legal provisions, aiming to uncover strengths and weaknesses in the existing legislation and to propose reforms that enhance the efficiency of public spending while maintaining a balance between the requirements of criminal deterrence and financial stability.

This research aims to propose new criminal legislative mechanisms to address crimes involving artificial intelligence, given that scientific and technological advancements have evolved both the form and concept of crime. Accordingly, the study examines the concept of artificial intelligence and its significance in the criminal field through various dimensions, including: criminal profiling, criminal justice applications, predicting terrorist attacks, locating suspects, forecasting crime rates, reconstructing crime events, and employing AI technologies in criminal investigation processes.
Despite the numerous advantages of artificial intelligence, certain risks arise regarding its misuse in committing crimes, such as cyber-terrorism and deepfakes—considered among the most dangerous technological threats facing human societies in the digital era. Therefore, combating these crimes domestically requires proactive policing and preventive security measures, for which the use of AI technologies is highly recommended.
Artificial intelligence–related crimes can also be addressed by imposing appropriate criminal penalties on natural persons who commit such offenses, in accordance with the Penal Code, as well as penalties suitable for legal persons consistent with their nature and legal standing. On the international level, combating these crimes necessitates global cooperation based on the principle of extradition, whether the offenses involve AI or other types of crime.
The research concludes with a summary of key findings and several recommendations intended to support future legislative reforms.

The use of artificial intelligence (AI) technologies in banking operations is considered one of the most significant indicators of today’s rapid technological advancement, which has cast its shadow over the banking sector just as it has over other aspects of life.
However, this use is not without certain risks that may affect either bank customers or the bank itself, as a result of relying on these technologies in their financial transactions. Therefore, an appropriate legislative framework is required to address these developments and the modern transformations that have taken place in the banking sector.
Such legislation should identify the party responsible for compensating the damages arising from the use of AI technologies and clarify the legal basis for this liability—whether the harm is suffered by the bank’s clients or by the bank itself as a consequence of such use.

Legislation plays a fundamental role in financing small enterprises by providing a regulated and supportive legal framework for small and medium-sized enterprises (SMEs). By enacting laws that organize and protect small businesses, legislation naturally encourages innovation and expansion. It also facilitates access to financing and provides the necessary support for small enterprises.
Undoubtedly, the banking sector is one of the most vital sectors in any country, as it plays a significant role in economic activity by supplying the liquidity required to fund these enterprises. Moreover, banks are influential institutions in both fiscal and monetary policy, particularly in the areas of domestic and foreign credit, given their intermediary role between lenders and investors. This, in turn, strengthens the national economy and promotes social welfare by reducing poverty and eliminating unemployment, thereby contributing to the achievement of sustainable development.

This study examines the issue of international intervention in internal armed conflicts in Sudan, aiming to analyze the role such interventions play in shaping the country’s political and economic stability. The research is grounded in a central question regarding the effectiveness of international intervention in resolving conflicts and achieving peace, and whether such intervention contributes to ending the crisis or further complicates it.
The study focuses on the complex interplay between the legal and political considerations that govern international intervention, as well as its direct and indirect impacts on Sudan’s internal conditions

This study explores an issue that has become central to contemporary legal discourse: the responsibility and obligations of the carrier in autonomous vehicles. It seeks to identify an appropriate legal framework to regulate this relationship and examines mechanisms for protecting both the carrier and the passenger, particularly given the absence of any specific regulation in Iraqi legislation.
The study further aims to develop a legal structure suitable for the Iraqi context by clarifying the carrier’s responsibilities and obligations in self-driving transport systems, as well as proposing mechanisms that may exempt the carrier from liability under certain circumstances.
The findings emphasize the necessity of enacting legal provisions that clearly define autonomous vehicles and delineate the respective duties and obligations of both the carrier and the passenger.

The work performed by the legal officer is among the most significant functions within various state institutions. By virtue of his position, the legal officer is entrusted with safeguarding public funds and protecting the rights of public-sector employees. To carry out these duties, he must be granted the necessary authorization or delegation of powers that enable him to perform his responsibilities effectively.
However, it is observed that some legal officers do not always employ these granted powers as intended; rather, they may misuse them, at times for personal gain or other improper purposes. Such misconduct arises only through violations of legal provisions and breaches of official duties, which ultimately lead to the legal officer incurring criminal liability for these acts.

The constitution constitutes the foundational framework upon which the legal system is built, providing the legislator with essential principles that guide the functioning of the state. Through its constitutional provisions, the constitution sets clear standards that define and clarify numerous fundamental matters. Within this context, constitutional preambles have acquired significant importance, prompting constitutional drafting committees to articulate in them lofty objectives and overarching national aspirations.
Constitutional preambles encompass a wide range of themes: some emphasize historical pride, others recount struggles against tyranny, while some highlight national identity, human dignity, or the nature of the political system. Therefore, their content is not limited to what is traditionally expected in preambles.
Two major approaches have emerged regarding the legal value of constitutional preambles: one denies any binding legal effect, while the other affirms their interpretive and sometimes normative significance. Despite these differing views, many constitutions reflect the content of their preambles within their operative articles, where the constitutional text often serves as a substantive extension and practical manifestation of the principles introduced in the preamble. These relationships and models will be examined throughout the study.

Disciplinary sanctions in public service are primarily intended to deter employees and motivate them to perform their duties fully and correctly, in accordance with the applicable legal rules. These sanctions constitute a tool used by the administration to safeguard the public interest and ensure the proper execution of its directives. In this sense, disciplinary punishment is a means rather than an end in itself.
Disciplinary measures are not limited to the notion of punishment; their broader purpose is to reform and enhance the efficiency of public employees. When an employee realizes that any negligence in performing his duties may lead to a penalty imposed by the competent authorities, this awareness contributes to discipline, accountability, and professional improvement.
Given the wide discretionary authority granted to public administration in imposing disciplinary penalties on violating or delinquent employees, such penalties may sometimes be flawed, unlawful, or affected by procedural or substantive defects that undermine their validity. They may also contravene the principle of legality, making them subject to challenge through administrative grievance mechanisms.

Aspecific Refered Journal Published by the center of Basra Studies &Arab Gulf / Issned in Cooperation With College of Law Basrah University