Review of the constitutionality of the criminal agreement in accordance with the decision of the Federal Supreme Court (No. 205 / Federal / 2018)


  • M. Alaa Abdel Wahed Moussa Faculty of Law, Thi-Qar University


In this study, we review a review of the Federal Supreme Court's ruling on the constitutionality of the criminal agreement after the prosecutor filed an appeal before the Federal Supreme Court that Article 56 of the Iraqi Penal Code has upheld the plaintiffs' rights to punish the criminal agreement and that it restricted the liberties of the plaintiffs. 38) of the Iraqi Constitution 2005, which guaranteed the protection of the rights and freedoms of individuals, and its restriction not to harm public order and public morals, and this is what we will clarify in this study with the statement of legal adaptation of the criminal agreement and the goal of the punitive legislator to criminalize the criminal agreement as required or The modern criminal policy approach of achieving the goal of the punishment is to achieve public and private deterrence and in view of the criminal seriousness of the perpetrators, and this approach followed by the Federal Court in its ruling, unlike its counterpart, the Egyptian Supreme Constitutional Court, which ruled the constitutionality of punishment on the criminal agreement in Ruling in (Case No. 114 of the year 21 of the Egyptian Supreme Constitutional Court)