The Conflict Between the Judiciary System and the Constitution Regarding Cyber Crimes A Comparative Study Between Iraqi and French Constitution

The term conflict of laws was put forward by the Dutch jurist Huber, and the beginnings of this topic date back to the middle of the thirteenth century AD, in the cities of northern Italy. It led to the overlap between the jurisdictions of these laws on the occasion of the relations of persons belonging to their cities. The emergence of conflict issues under the judicial system in Iraq, and internet crimes are those activities that individuals carry out by spying through websites on bank accounts and stealing balances by trying to enter the balances of banks or individuals and after stealing these funds, they are used for various purposes such as financing terrorist operations in The world or the management of networks for moral decay, that electronic crime in Islamic law is similar to other crimes and the Islamic legislator does not differentiate except in the methods of committing the crime and the legislator set penalties according to the prevailing penal laws, where these crimes are intended to illegal entry into private networks and the main question on which our research relied About the decisions that are issued when there is a conflict between the judiciary and the constitution about electronic crimes in the Iraqi constitution and the French constitution, where these decisions are the basic and main document to get out of this conflict. It is competent to resolve the conflict, as entrusting the task of chairing this body to the President of the Court of Cassation weakens her impartiality Its objectivity and objectivity, as most of the members of the body are civilian judges. As for the emergence of conflict issues under the judicial system in Iraq before the issuance of the Second Amendment Law No. (106) of 1989 to the State Consultative Council Law, in the aforementioned law, if a conflict of jurisdiction occurs between the administrative court and a civil court, the competent authority appoints a body consisting of seven people, three chosen by the head of the Court of Cassation Among the members of the court, three are chosen by the head of the State Consultative Council. The panel meets under the chairmanship of the head of the Court of Cassation, and its decision regarding the dispute is final and binding.