AL- Mouhaqiq Al-Hilly Journal for legal and political science

The criminal court, with its guarantees, is the final investigating authority in the facts presented to it. Therefore, it is natural that the legal description of these facts referred to it by the investigating authority is not restrictive to it because, by virtue of its function, which is limited to the proper application of the law, it must search for the correct legal description to which the facts presented to it for adjudication are subject.

The determination of the principle of the specificity of the criminal case, which requires the court to adhere to the facts of the case referred to it by the referral decision or the summons paper, is also related to the right of defense. Hence, the importance of research into the necessity of achieving consistency between what the court is legally required to adhere to, which is the fact referred to it for adjudication, in application of the separation between the powers of investigation and judgment and guaranteeing the accused's right to defense, and what the law stipulates, which is that it has the authority to amend the charge by adding aggravating circumstances, so that the court can make this amendment without resulting in the waste of the principle of its adherence to the limits of the incident referred to it. In line with that, the subject was treated in three sections. The first addressed the concept of the principle of the specificity of the criminal suit and included two requirements: the first to define the principle of the specificity of the criminal suit and the second to the basis of the principle of the specificity of the suit. The second section was devoted to the conditions of the principle of the specificity of the criminal suit in two requirements. We devoted the first to the issuance of a decision to refer the criminal suit to the competent court, and in the second we addressed the necessity for the referral decision to include the limits of the criminal suit. The third section was devoted to the scope of the court’s adherence to the principle of the specificity of the criminal suit in two requirements: the first to the court’s authority to amend the legal description of the incident and the second to the court’s authority to amend the charge.

International commercial arbitration is a path to resolve the conflicting claims between the parties to the dispute, proposed by the legal system alongside the regular judicial path. International commercial arbitration, as a special system for settling disputes, creates many opposing dualities that produce many problems, as is the case with the comparison between domestic arbitration and international arbitration, contractual arbitration, judicial arbitration, optional compulsory arbitration, etc. Among these dualities are arbitration by law or arbitration according to the law versus arbitration with authorization to reconcile or arbitration according to the rules of justice and fairness or arbitration according to justice.

What is striking in this regard is the interest of the criminal legislator in the matter of kinship and family ties, to the point that we find him deviating from the general rules in some of his rulings to issue exceptional rulings in consideration of kinship ties, especially since the law is a mirror reflecting the values ​​and customs of society. The legislator is influenced by these values ​​and customs that prevail in society and translates this influence into explicit legal texts. We find him once permitting a certain act that is originally subject to a text that criminalizes it when it is committed by a person with a certain capacity, such as being a husband or father of the person against whom the act was committed, while we find him another time criminalizing an act (which is not originally criminal) if it is committed by a person with a certain capacity, such as being the husband of another person at the time the act was committed

The current account is one of the most famous and important bank accounts in various comparative legal systems. It also represents a contract whereby the two parties undertake to settle the debts arising between them during the period of operating the current account in a comprehensive settlement once instead of settling each debt separately. The account operation process begins from the date of entering the first debt into the account and continues until the account is closed. During the operation period, the debts entered into the current account are subject to the effects of this account, which revolve around two main axes: the first is the principle of renewal of payments, whereby the debt recorded in the account is transformed into an account item devoid of its characteristics, independence and qualities; the second is the principle of non-division of items, which makes those items cohesive with each other and attached to the current account with a strong bond that cannot be separated from it during the period of operating the account. Although legal studies and research have focused on studying the subject of the current account and its provisions due to its special importance, research into the nature of the complementary relationship that links the principles of renewal of payments and non-division of items and delving into them in an integrated manner has suffered from a clear deficiency within the framework of what those studies and research included, and this was among what attracted us to choose it as the subject of this study. In order to study the subject of the integration of the principles of renewal of payments and non-division of items in determining the effects of the current account from this aspect in a detailed manner, it is necessary to divide it into three sections: The first deals with the subject of the principle of renewal of payments from its definition and stating the results arising from this principle in addition to stating the exceptions to those results; while the second section deals with the subject of the principle of non-division in terms of its definition and stating its results and the exceptions to it; The third section will be devoted to examining the extent to which the renewal of payments is consistent with the principle of indivisibility of items in the current account by reviewing the different opinions that were put forward in this regard, which fluctuated between being satisfied with the principle of renewal of payments while denying the principle of indivisibility and being satisfied with the principle of indivisibility while denying the principle of renewal, arriving at the principle that states the existence of a complementary relationship between the two principles; and then the conclusion comes including the most important results that we will reach during this research.

International trade occupies the forefront of modern relations without competition, due to the exchange of wealth, services and production processes it entails, and the transfer of raw materials, goods and various commodities from production markets to consumption and investment markets. International trade activity is mostly carried out through the international sales contract. If the sales contract plays a fundamental role in the field of domestic dealings, this role is magnified and its importance increases in the field of international trade dealings. In order to achieve the goal that the parties to the international sales contract of goods seek to achieve, it is necessary to complete the implementation of their contractual obligations as stated in the contract. The international sales contract is in fact not alone, but rather there is a series of international contracts and banking operations associated with it (1) which form a single unit that cannot be divided. If that contract is terminated, this will have a negative impact on all other contracts associated with it. Then we find that the contract, whose basic function lies in stabilizing the legal positions of its parties during the implementation period and achieving a degree of benefit for them, has become doomed to not perform this role that is known to it. Therefore, the drafters of international agreements regulating the sales contract were keen to preserve the contract as much as possible, save it from extinction, and reduce the cases that justify resorting to annulment, even in the event of one of the parties breaching its contractual obligations, whether this breach is embodied in the failure to implement those obligations or implementing them in a defective manner. This keenness was evident in the fact that most agreements stipulated that the breach that justifies resorting to annulment must be of a high degree of seriousness, which is what is called a fundamental breach of the contract. Therefore, if the breach of the contract constitutes a fundamental breach, then it is justified for annulment, otherwise the injured party cannot resort to annulment, but must resort to other solutions such as demanding specific performance or compensation.

The phenomenon of government corruption is one of the dangerous phenomena that has become more serious and poses a great threat to the security of society and paralyzes the process of construction and development due to the risks it entails in eroding the economy and the financial and administrative capacity of the state, making it unable to meet the challenges of reconstruction and infrastructure building. It is equivalent to the crimes of terrorism in terms of its impact on society. After the occupation of Iraq and the overthrow of its political regime in 2003 by the United States of America and its allied forces, Iraq entered a spiral of government corruption with the occupation squandering billions of dollars of Iraqi funds that were seized after the fall of the former regime. After the appointment of (Bull Breamer) as the administrative governor of Iraq, many were optimistic when the latter decided to form the Public Integrity Commission in Iraq, which is now known as (the Integrity Commission) to combat government corruption in all its forms. However, the reality does not indicate this, as we see that the formation of such a commission is a bad sign of society reaching a point where the law is no longer sufficient to combat such crimes. The scandal was resounding when the organization \"Transparency International\" listed Iraq in 2006, along with Haiti and Burma, among the most corrupt countries in the world. In addition, its establishment will lead to a reduction in the prestige of the judiciary. In any case, this body has become today an effective institution in this field and has been granted broad powers in order to achieve its objectives, including the most dangerous of which are powers of a criminal nature related to the procedures for investigating crimes of government corruption. Through this research, we will try to show what criminal role has been given to the body in this field.

Crimes against state security occupy great importance in all penal laws, old and new, due to the danger these crimes entail and the serious consequences that result from committing them, which can undermine the existence of the state, its independence and the integrity of its territories, or undermine the state's constitution and the authorities established pursuant to it. It is natural that crimes against the internal security of the state receive a share of this attention, in a desire to maintain the stability and internal security of the state. In terms of danger, the crime of armed rebellion ranked second after the crime of attempting to overthrow the regime, in terms of threatening the internal security of the state. The source of this danger stems first from the fact that it represents a violation of the legal rules in force in the state, whether constitutional or ordinary. It represents a violation of the constitutional legal rules, because it violates the constitutional rules that permit civil disobedience to demand rights or to protest a certain policy. It represents a breach of normal legal rules, because it violates the penal rules that prohibit and punish armed rebellion. Secondly, its danger stems from the serious crimes that accompany its commission, such as murder, theft, and vandalism that targets public and private buildings and property alike, which leads to the spread of chaos and destruction as a result of the lawlessness, in addition to the fact that its commission may have an effect such that it leads to the overthrow of the existing regime or to the secession of part of the state’s territory. Therefore, we find that the Iraqi legislator has punished this crime in the Iraqi Penal Code No. 111 of 1969.

Despite the seriousness of this crime, it has not received sufficient attention from legal jurisprudence, as we have not found any legal books that have dealt with it except for a small amount, and if they exist, they are very similar, on the one hand. On the other hand, there is no escape from accepting that we are in a time when rights and freedoms have flourished and resort to democratic means has increased, including civil disobedience. This was confirmed after one of the political movements declared disobedience in Baghdad, which led to a heated debate about its legitimacy, and thus the need to know the boundaries between criminalization and permissibility.

Based on the above, we chose to research the crime of armed disobedience in Iraqi legislation, according to a plan that included three topics, in the first of which we explained the nature of the crime, in the second we explained its elements, and in the third we addressed its punishment and exemption from it. We concluded the research with a conclusion that included the most important opinions and proposals.

The rapid development that the world is currently witnessing on the scientific and practical levels has revealed a tremendous development at an accelerating pace towards new methods of committing fraud and theft crimes, if we take into consideration the various forms of transferable values ​​that could be the subject of the crime of theft and the crimes attached to it. Electricity is one of the interests that the legislators of the criminal law in comparative laws agreed upon as being worthy of criminal protection (1). However, they differed on the legal nature of the criminal behavior represented by the act of assaulting the electric current, as they agree that the electric current is a movable property that is naturally capable of being owned and transferred from one place to another. Even some penal laws of some countries, the criminal legislator in them has deliberately set special penal texts that criminalize the act of assaulting the electric current (2). As for the jurisprudential dispute about the impossibility of including the electric current in the meaning of material money, it was abandoned after scientists reached a definition of its nature, as they proved that the electric current results from the accumulation of natural forces. It is electronics or small atoms that move through wires from one place to another. Accordingly, the electric current, according to the above, is a tangible material thing that can be included in the framework of material possession and thus a subject for the act of embezzlement that is criminalized by law. This is what the judiciary in Egypt has settled on (3). For further clarification on the fact that electric current is a type of movable property, we can refer to what is stated in the jurisprudence of civil law regarding the definition of property in general and movable property in particular. What is meant by property from the latter’s point of view is every right that has a material value, and that everything that is not excluded by its nature or by law from dealing can be the subject of financial rights. As for the things that are excluded from dealing by their nature, they are those that no one can monopolize their possession, and the things that are excluded from dealing by law are those rights that the law explicitly states are not suitable to be the subject of financial rights. Finally, movable property means everything that can be moved and transferred without damage, so it includes money, goods, animals, measures and weights, and other things that can be moved from one place to another without being damaged. This is the case of electric current, without a doubt. It has been proven, in addition to the above and through dealing with electric current, that it is a type of measures that are measured in kilowatt units and that it is a type of fungible property, which means those funds that can be replaced by one another when fulfilling a contract. It is usually estimated by number, measure, measure or weight, and now there can be no doubt about the financial nature of the electric current transferred, and other than what has been mentioned, what could the electric current be?

Ruling and judiciary are among the most important topics that Islam has addressed and emphasized in dozens of verses and many times that in the Noble Sunnah. This is only due to its importance and seriousness at the same time. It is a divine position for the prophets and one of the tasks entrusted to them. God has made the caliphate’s authority over the kingdom on earth the ruling among its people.

The Federal Court of Cassation has included, in many decisions, a phrase indicating that the court obliges itself to follow its previous decisions, and overturns the decisions of the lower court if they contravene the principle it previously included.