Abstract

Faulty execution of official duties is regarded as one of the main offences that endangers elected authorities, a well-ordered public regulation, and utility that causes harm to public property and public interests. Since it is done by an individual who is performing an official work, this offence is committed by one of the workers violating the boundaries of their employment. This is enshrined in Iraqi penalty Law No. 111 of 1969 in article 341 and is deemed one of the financial and administrative corruption offences stipulated in the honesty Commission Act No. 30 of 2011 due to its extreme and significant danger and leaving traces and impacts. The consequences of this major crime and its effect on the state and community is expressed in the legal, democratic, administrative, fiscal, and social structures of the state. It is described as accidental offenses committed without criminal purpose. In this form of crime, neither initiating nor participating is possible, but both of the perpetrators are simple owners. In certain ways, this offence is analogous to the crime of willful injury to public property and interests, in addition to all other general criteria for any crime.

Highlights

  • The law strives to accomplish a lofty ideal symbolized by the concept of justice, and the spiritual component is no less essential than the substantive one (Faults) The Faults is the second picture of the moral aspect of unintended offences, and as such it is a description that deviates from the will, rendering it susceptible to manipulation (blaming the law) If crimes are to be deliberate and their moral component is criminal intent, so certain crimes can be accidental, and unintended crimes have gained particular attention in contemporary culture as a result of the introduction of many methods that demand diligent application and result in unintentional crimes

  • Any time and location, the law strives to accomplish a lofty ideal symbolized by the concept of justice, and the spiritual component is no less essential than the substantive one (Faults) The Faults is the second picture of the moral aspect of unintended offences, and as such it is a description that deviates from the will, rendering it susceptible to manipulation If crimes are to be deliberate and their moral component is criminal intent, so certain crimes can be accidental, and unintended crimes have gained particular attention in contemporary culture as a result of the introduction of many methods that demand diligent application and result in unintentional crimes

  • This is since unintentional crimes are more prevalent than intentional crimes, and the legislator must intervene explicitly to define unintentional crimes and, in our case, to define the crime in question in Article (341) as one of the financial and administrative corruption crimes committed by a public servant or person charged with a public service

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Summary

Introduction

The law strives to accomplish a lofty ideal symbolized by the concept of justice, and the spiritual component is no less essential than the substantive one (Faults) The Faults is the second picture of the moral aspect of unintended offences, and as such it is a description that deviates from the will, rendering it susceptible to manipulation (blaming the law) If crimes are to be deliberate and their moral component is criminal intent, so certain crimes can be accidental, and unintended crimes have gained particular attention in contemporary culture as a result of the introduction of many methods that demand diligent application and result in unintentional crimes.

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