Kidnapping in Iraqi Law

Abstract

This study focuses on the crime of kidnapping, as this crime is considered one of the phenomena and serious social crimes because of its implications for the essence of social and human life, namely freedom and personal security. Kidnapping is: A dangerous and influential criminal act that includes moving the abducted person by the perpetrator and separating him from his family, clan and place of origin in an intentional way to another place with the aim of preserving and closely monitoring him. Given the seriousness of this crime, its ugliness, and its violation of human freedom, however, the perpetrator of this crime must be punished, Therefore, the Iraqi Penal Code stipulated (111) years (1969) in Article 421 of the Penal Code that (Whoever arrests, detains, or deprives a person of his freedom by any means without a warrant from a competent authority in other than the cases in which the laws and regulations are authorized and are The penalty is imprisonment for a period not exceeding 15 years, especially if the perpetrator disguises himself as government employees or bears a distinctive official mark in addition to the threat of death, torture, and revenge), while the penalty for the crime of kidnapping by means of coercion or jewelry, Article 422 of the Penal Code stipulated that He was kidnapped by himself or by others, without coercion or ruse, for a juvenile who did not reach the age of eighteen years, who shall be punished with imprisonment for a period of (15) years if the kidnapped person is a female, or with imprisonment for a period of ten years if he is a male). It follows from this that the legislator has distinguished in this regard between two cases: the first is the abduction of juveniles and girls who have not reached the age of (18) full years by deception or coercion, and the second if they are kidnapped without deception or coercion, and thus the punishment is death and other legal articles and texts. I decided to divide this research into three sections, focusing at the beginning on the concept of crime, by clarifying the definition of the crime of kidnapping in language and convention, and showing its characteristics in terms of considering kidnapping a crime of harm, a continuous crime, as well as a complex crime It also dealt with the general provisions related to the crime of kidnapping by explaining the elements of the crime the physical and the intangible element, and in the third section I devoted it to talking about the penalties prescribed for this crime in the Anti-Terrorism Law No. 13 of 2005, then, and in the Iraqi Penal Code No. 111 of 1969. Some amendments to the Kidnapping Crimes Act.