The Criminal Responsibility for the Actions of an Employee or Person Charged with a Public Service

Abstract

The Iraqi criminal legislator concludes that general texts are not limit to a specific crime, but they include all crimes that may be issued by people, and defuse the criminal responsibility on people when the conditions for legalization are fulfilled, which is due to the performance of duty. Also, the human freedom is not absolute, but restricted by the laws. Misusing of freedom may be led to commit crimes, as well as, the people who are in governmental position may commit power abuse which led to crimes and harms under law protection. Crime is a dangerous social phenomenon focuses on a person or group of people committing an act of criminal will or refraining from an act that the law has criminalized and imposed a penalty for. Performing an obligatory duty negates the prohibited act, its presence and danger, and turns it into a permissible and legitimate act, because the performance of the duty is one of the reasons for its permissibility. This was stipulated in the Iraqi Penal Code No. 111 of 1969 (in force) in Articles 39 and 40 of it. All criminal laws have acknowledged this and made it clear that the actions that take place as a result of the performance of duties are permissible, some of which are implicitly stipulated.