Incitement to Commit Suicide in the Iraqi Penal Code

Abstract

The aim of the research is to reveal the details of this crime, its elements, the punishment prescribed and the cases of application of this punishment, and to address an important societal issue related to one of the most important purposes considered in all laws, which is self-preservation, by knowing the concept of suicide as well as the concept of incitement to it and identifying the elements of this crime in the law Iraqi sanctions. The researcher relied on the analytical descriptive approach, so he analyzed the legal system for the crime of incitement to commit suicide in the Iraqi legislation that focused on this crime .The researcher concluded that understanding the historical context of the phenomenon of suicide helps to understand the legal repercussions of the crime of inciting or aiding suicide, and that the spread of the phenomenon of suicide has a negative impact on society and threatens its cohesion, which endangers its vital components as well as all aspects of economic, social and political life. (408) of the Penal Code, the Iraqi law stipulates the criminalization of inspiring or assisting suicide, however, it did not refer to what constitutes incitement or assistance to suicide, leaving the matter to jurisprudence. The researcher recommended that the perpetrator (instigator), partner or person who caused the occurrence of this crime simply because he accepted support for his criminal activity, whether the crime was committed or not, due to the criminal danger that this crime poses to the victim and society.