PENALTY FOR THE CRIME OF TRADING WITH A HOSTILE COUNTRY DURING WAR TIME (COMPARATIVE STUDY)

Abstract

Economic support for a hostile country significantly contributes to the dominance of its economy through increasing of its material potentials. Without these capabilities, war cannot take place and continue and any increase in country’s potentials implies that this country can continue fighting. Therefore, the Iraqi comparative and penal law have sought to criminalize trading with a hostile country in time of war because the interest affected by this criminal attack is not concerned with a specific individual or individuals, but the entire state. The problem of the study lies in the fact that the Iraqi legislator treats with the issue of trading within the scope of the penal law although there are shortcomings in this treatment. The legislator failed when he expanded the circle of people with whom it is criminal to trade, especially the country’s nationals if they reside outside their country or residing in the country if they left it for a certain period, during the period of residence. As a result, the punishment must be imposed by the people in execution of a judicial decision against those who are proven guilty for the crime in accordance with a decision issued by a competent authority. This means that the punishment is imposed only against a culprit or accomplice; this is called the principle of personal punishment