The crime of concealing evidence by an administrative employee in Iraqi criminal law
- Author:
- Saba Hamid Majid Al-Hassoun
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Mahmoud Mir Khalili
The study aimed to clarify the concept of the principles of the crime of concealing evidence by the administrative employee, and to indicate the historical development of its crime, then the legal conditions related to it with the legal applications of the crime of concealing evidence by the administrative employee. And it became clear from the study that the crime of concealing evidence by the administrative employee is a behavior that violates the ethical rules for which the crime has set negative penalties of an official nature, and therefore the crime of concealing evidence is based on changing the truth, as the means of deception used by the offender must lie and lead to the victim’s infliction In error and distortion of facts, its material element consists of committing an act prohibited by law, and in order for the material element of this crime to be legally established, three main elements must be present: the criminal act and the criminal consequence, and the causal link between the act and the result, and its moral element consists of the availability of criminal intent in it. The study has adopted the analytical method, in analyzing the various parts of the law; To analyze legal systems and identify the pros and cons. At the conclusion of the study, we reached a number of results and recommendations, including that the crime of concealing the evidence includes every act that contradicts what is beneficial to the group and what is fair in its view, or it is a violation of the prevailing custom, which requires the imposition of punishment on its violators, or it is a violation and violation of the moral rules and standards of the group. . The multiplicity of effects of the crime of concealing evidence by the administrative employee on both the beneficiary of concealing this evidence and the employee himself who committed the crime, and although the beneficiary was not the one who was directly involved in the crime, the law made him a major official in it, in terms of his knowledge of it, and even urging him to do so, Therefore, the Iraqi legislator must set firm legal controls to confront and limit this crime. “