الاسباب والاثار المترتبة على تخفيف العقوبة لظرف قضائي في القانون العراقي

Abstract

Crime has existed since ancient times, and its shadow that did not leave it was the punishment that human societies and their various civilizational developments used as a tool to combat it, and it continued to be used over many generations as revenge against the perpetrator until it reached a level of cruelty, severity and brutality, which prompted many social thinkers, including criminal thinkers in a way Especially to the call to reduce this cruelty and severity on the one hand and make it on the other hand a means to uproot the corrupt values from the personality of the offender who slipped into the abyss of crime as a result of multiple factors and instill good values instead of them to return him to the fold of his society as a useful member in it, and this has found its purpose in the system of mitigating legal conditions Which emerged as a result of the development of human societies in the ladder of civilization, the function of these circumstances has evolved so that it has become one of the important means in the judicial individualization of criminal punishment so that harmony is achieved between abstract legal texts and the evolving reality of life, which made the punishment commensurate with the severity of the crime and its circumstances and the circumstances of the criminal in addition to alleviating the severity and cruelty The punishment . Accordingly, the punitive laws stipulate the mitigating judicial circumstances, and among those laws is the Iraqi Penal Code No. 111 of 1969, which regulates its provisions in Articles (132/133/134). Based on these considerations, we find that the study of issues related to criminal responsibility and related penalties, and the reasons for mitigating responsibility that arise from responsibility, are among the important issues on which judges in criminal courts rely in their rulings, as the Iraqi Penal Code gives judges in those courts the authority to assess the penalty, as it specified The law has two lower