Criminal protection of public money during demonstrations compared in Iraq to Egyptian legislation

This research has addressed one of the most important issues preoccupied intellectuals active in field of public domestic and foreign opinion, which is: Criminal protection of public property and assets during demonstrations and marches.

Freedom of expression for human being as an individual in a society is one of the necessities of survival and continuity, and that it is a natural right for an individual to express his views and positions within society, away from creating chaos and observing the importance of protection of public and private interests and prevention of losses and taking into account the rules of rights and freedoms.

Here the importance of the issue arises when demonstrations are the means by which the role of the people is activated to participate in the life and political life, rather than some demonstrators commit crimes against another or against public or private property led to criminal and legal liability for them. As a result, the  demonstration is abused which is one of the most dangerous tools in the hands of those who want to manipulate them and use them to harm others, as well as those who try to use violence and harm others.

This will inevitably endanger public order and morality, and the Iraqi legislature is preparing a draft law to permit peaceful demonstration, as there is no law on demonstrations to specify the punishment of these people by virtue of the current Penal Code.

Actually the perpetrators are punished by virtue of the Penal Code, and the researcher believes that the draft law on freedom of expression, congregation and peaceful demonstration, which has not yet been passed, will be referred to the authority in charge of reviewing the court’s decisions regarding marches and demonstrations (Which is the court of instance in the province) and eliminates the role of the Administrative Court in deciding on these matters, which is one of its main competencies, and the Iraqi legislature should consider the jurisdiction of the courts and administrative legal branch and allow the appeals concerning the decisions related to the demonstrations.