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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Professors in Criminal Law: Iraq is second in the rates of harassment in the region

rocky
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Professors in Criminal Law: Iraq is second in the rates of harassment in the region Empty Professors in Criminal Law: Iraq is second in the rates of harassment in the region

Post by rocky Mon 26 Sep 2022, 5:12 am

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[size=52]Professors in Criminal Law: Iraq is second in the rates of harassment in the region[/size]

[size=45]Baghdad/Bright news[/size]
[size=45]Professors in criminal law confirmed that Iraq ranks second in the rates of harassment of women in the region, pointing out that the law in force does not provide deterrent penalties against perpetrators commensurate with the seriousness of the act. In front of new ways to prove it.[/size]
[size=45]Since the end of last week, video clips filmed by Iraqi women of harassment cases have spread in Baghdad and a number of provinces, while activists have called for the perpetrators of these crimes to be held accountable.[/size]
[size=45]Professor of Criminal Law, Bushra Al-Obaidi, said, "The Iraqi law did not do justice to women in the crimes of harassment, but it did not talk about these crimes except in a limited field."[/size]
[size=45]Al-Obaidi continued, "The penal system is governed by the principle that there is no crime and no punishment except by a legal text," explaining that "the judiciary goes in acts of harassment to Article 402 of the Penal Code, which differs from the act of harassment that other countries dealt with and its crime."[/size]
[size=45]She explained, "This punitive article relates to the scandalous act that violates public modesty, the victim of which is a female," and she reiterated, that "harassment was not included in a special provision in the Iraqi Penal Code."[/size]
[size=45]Al-Obaidi pointed out that "the absence of a clear text has led to a frightening increase in the number of cases of harassment during the past five years," and spoke of "demands that there should be a text in the penal code related to harassment that clearly defines the elements, description and punishment of this crime."[/size]
[size=45]She described, “The penalty mentioned in Article 402 of the Penal Code is very simple, which is imprisonment for a period not exceeding 6 months and a fine or one of these two penalties, if the crime is reported to the judiciary.”[/size]
[size=45]And Al-Obaidi added, "The judicial rulings issued decisions to imprison the convict with a suspended sentence or a fine."[/size]
[size=45]She stressed, "Harassment was mentioned only in the Labor Law, but this law also came with reduced penalties that are not commensurate with the gravity of the act. The fine was large, amounting to millions, but imprisonment does not exceed 6 months, and it is for those covered by the Labor Law and is not related to others."[/size]
[size=45]Al-Obaidi called on the legislator to set "a severe penalty for the crime of sexual harassment, which is a penalty that deprives of freedom with a large fine, and is not just a fine."[/size]
[size=45]She believes, "What prevents women from complaining about the incident of harassment is the difficulty of proving it," stressing that "the girl who is subjected to this act is always on her own and therefore unable to provide evidence."[/size]
[size=45]Al-Obaidi went on to say that “the solution to the problem of proof is to open the door to other new means, such as audio or video recording.”[/size]
[size=45]And she indicated, "One of the brave girls filmed the act of harassment that happened to her in the bus car in Baghdad, and the clip spread on social media and exposed the perpetrator."[/size]
[size=45]Al-Obaidi said, "This case represents a weapon in the woman's hand in holding the harasser accountable by exposing him, after we despaired of the existence of a law that can deter these cases."[/size]
[size=45]But she returned to explain, "The courage that the girl who portrayed the harasser possessed may not be possessed by others, because of society."[/size]
[size=45]Al-Obaidi criticized, "There are some comments that appeared on social media that blame the girl who portrayed the harasser for holding her guilty and responsible for what happened, as if she was the one who pushed the perpetrator to do it."[/size]
[size=45]She pointed out that "the one who justifies this crime and holds the girl responsible for being harassed has more criminal similarities than the perpetrator himself," stressing that "the justification for harassment opens the door to justification for all crimes such as murder, theft, corruption and others."[/size]
[size=45]Al-Obaidi revealed, "Iraq is ranked second after Egypt in the rates of harassment in the region, and the reason for the high rates in Egypt is that there is a law to punish harassers and women always resort to reporting these cases, and we are in second place despite the absence of this law."[/size]
[size=45]She described the cases of harassment in Iraq as "frightening and leads to what is greater, such as indecent assault, rape, and even murder."[/size]
[size=45]Al-Obaidi added, "The cases that occur in Iraq involve very boldness and moral decline, and these actions cannot be punished by the current texts that talk about imprisonment for six months or a fine, but rather encourage repetition."[/size]
[size=45]For his part, Tamim Taher Al-Jader, Professor of Criminal Law at the Al-Alamein Institute of Graduate Studies, said in an interview with (Al-Mada), that “harassment is one of the scandalous and indecent acts, organized by the Iraqi Penal Code and criminalizing its act.” Al-Jader agrees with Al-Obaidi, that “the criminalization of harassment is simple because the penalties stipulated in the law are reduced by imprisonment and a fine or one of them. The maximum imprisonment is three months, and if the act is repeated, the penalty does not exceed six months.”[/size]
[size=45]He pointed out that "harassment is one of the crimes that constitute an assault on the modesty of a female or a male," noting that "the nature of the act is through speech, gesture, gesture, or actions that offend modesty."[/size]
[size=45]Al-Jader went on to say that “outrage of modesty is an extension of the body of the male or female with anything, and if it actually turns into physical abuse, the crime will turn into indecent assault.”[/size]
[size=45]He added, "Harassment can come with obscene words or words that indicate something immoral or include a gesture of sexual assault by taking the form of requesting things that are contrary to morals or movements that indicate this thing."[/size]
[size=45]Al-Jader added, "Social media has entered among the means that can be used for harassment, and the perpetrator will be criminalized."[/size]
[size=45]He stressed, "Harassment was mentioned in two places, the first in the Penal Code under Article 402 of it, and the second in the Labor Code."[/size]
[size=45]Al-Jader stressed that "this crime from a moral, legal and social point of view is rejected because it does not represent the behavior of a righteous person."[/size]
[size=45]And he indicated, "Iraqi law does not accept recordings for all crimes, unless they are authorized by the judiciary."[/size]
[size=45]Al-Jader concluded, “The judiciary has the discretionary authority in this aspect, especially in terms of determining the legal description of the act committed by the harasser in light of the available evidence.”[/size]
[size=45]The Ministry of Interior confirms that it has hotlines that receive all crimes committed against women, especially harassment, extortion and domestic violence.[/size]
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