Legislative Deficiency in Criminal Law Provisions.
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Abstract
Legislative inadequacy is a general legal phenomenon, inherent in all legislation within any positive legal system. Positive legislation, at any time and in any place, is a human creation and must therefore bear human characteristics, most notably limitations, resourcefulness, and an inability to achieve perfection. This inadequacy stems from the failure of those responsible for drafting legislation to adhere to sound principles of legislative drafting when enacting or amending laws, or from their limited knowledge of jurisprudence and other disciplines such as grammar, logic, and legal theory. It can also arise from the inability of legislation itself to keep pace with the ever-changing and evolving realities of life. Here, forms of legislative inadequacy naturally emerge, which may manifest as the absence of a legal provision to govern the specific case presented to the criminal judge, or as ambiguity in the text, or as conflict with another legal provision....
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References
First: Language Books
- Dictionary of the Arabic Language, Al-Mu'jam Al-Wajeez, Dar Al-Tahrir for Printing and Publishing, Egypt, 1989.
- Abu al-Hasan Ali bin Ismail, known as Ibn Sayyida, Al-Muhakam wa al-Muhajib al-Azam, vol. 11, 1st edition, Dar al-Kutub al-Ilmiyyah, Beirut, Lebanon, 2000.
- Abu al-Fadl Jamal al-Din Muhammad Makram Ibn al-Manzoor, Lisan al-Arab, vol. 14, vol. 12, Dar Sader, Beirut, Lebanon, 1990.
Second: Legal Books
- Akram Karim Khudair, An In-Depth Study in the Philosophy of Criminal Law, 1st Edition, Academic Center and Library of Arab Studies, Alexandria, 2023.
- Dr. Ahmed Khalifa Al-Malt, Cybercrimes, 2nd Edition, Dar Al-Fikr Al-Arabi, Alexandria, Egypt, 2008.
- Dr. Ahmed Fathi Sorour, Fundamentals of Criminal Politics, 1st Edition, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 1972.
- Dr. Ahmed Mahmoud Mustafa, Computer Crimes in Egyptian Legislation, 1st Edition, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2010.
- Now Bonnet and translated by Dr. Ali Sabri Farghi, Artificial Intelligence: Its Reality and Future, 2nd Edition, Dar Alam Al-Maarifa, Kuwait, 2016.
- Thamer Abdel Majeed Abdel Abbas Al-Saadi, Legal Drafting of Legislation Texts, New University Press, Alexandria, Egypt, 2019.
- Dr. Hatem Ahmed Battikh, The Evolution of Legislative Policy in the Field of Combating Information Technology Crimes, 1st Edition, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2020.
- Dr. Hatem Abdel Rahman, Cybercrime, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2002.
- Dr. Rafid Khalaf Hashem Al-Bahadli and Dr. Othman Salman Ghilan Al-Aboudi, Legislation between Industry and Drafting, 1st Edition, Al-Halabi Human Rights Publications, Beirut, Lebanon, 2012.
- Dr. Raouf Obeid, Principles of the General Section of Punitive Legislation, 4th Edition, Dar Al-Fikr Al-Arabi, Alexandria, Egypt, 1979.
- Dr. Ramses Behnam, The General Theory of Criminal Law, 1st Edition, Al-Ma'arif Legal Books Facility, Alexandria, Egypt, 1977.
- Dr. Zein Abdel Hadi, Artificial Intelligence and Expert Systems in Libraries: An Empirical Introduction to Expert Systems in the Field of References, 1st Edition, Academic Library, Cairo, 2000.
- Dr. Taha Awad Ghazi, The Unit of the Closed Legal System of Hans Kelsen, 1st Edition, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 1997.
- Dr. Adel Youssef Al-Shukri, General Provisions for the Abolition of the Punitive Text, 1st Edition, Zain Al-Halabiya Publications, Beirut, Lebanon, 2017.
- Dr. Abdel Aal Al-Derbi, Mohamed Sadiq Ismail, Cybercrimes, 1st Edition, National Center for Legal Publications, Cairo, Egypt, 2012.
- Dr. Abdel Razzaq Al-Sanhouri and Ahmed Abu Steit, Fundamentals of Law, Press, Committee for Authorship, Translation and Publishing, 1st Edition, Cairo, Egypt, 1950.
- Dr. Abdel Fattah Mustafa Al-Saifi, Criminal Base, 1st Edition, Dar Al-Sharqia Company, Beirut, Lebanon, 1967.
- Dr. Abdel Fattah Mustafa Al-Saifi, Conformity in the Field of Criminalization, A Jurisprudential Attempt to Develop a General Theory of Conformity, The Arab Renaissance, Cairo, Egypt, 2nd Edition, 1991.
- Dr. Abdel Fattah Bayoumi Hegazy, Crime in the Age of Globalization, 1st Edition, Dar Al-Fikr University, Alexandria, Egypt, 2007.
- Dr. Abdel Fattah Bayoumi Hijazi, Events and the Internet, Dar Al-Fikr Al-Jama'i, Alexandria, 2000.
Forensic Evidence and Forgery in Computer Crimes, Dar Al-Kutub Al-Lawnal, Mahalla Al-Kubra, Egypt, 2002.
- Dr. Abdulqader Al-Sheikhly, Legal Drafting, 1st Edition, Dar Al-Thaqafa, Jordan, 2018.
- Dr. Essam Afifi Abdel Basir, The Criminal Rule on White, 1st Edition, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2007.
- Esmat Abdel Majeed Bakr, Problems of Legislation: A Comparative Theoretical and Applied Study, Dar Al-Kutub Al-Ilmiyyah, Lebanon, 2014.
- Dr. Ali Hadi Attia Al-Hilali, Al-Mustanir fi Interpretation of the Provisions of Constitutions, 1st Edition, Al-Halabi Human Rights Publications, Beirut, Lebanon, 2016.
- Ali Abdullah Jassim Al-Aradi, Delegation of Legislative Authority, 1st Edition, Bahrain Institute for Political Development, Bahrain, 2019.
- Omar Abbas Khudair Al-Obaidi, Contemporary Applications of Crimes Resulting from Artificial Intelligence, 1st Edition, Arab Center, Egypt, 2022.
- Dr. Ghannam Mohammed Ghannam, The Appropriateness of the Penal Code in Combating Computer and Internet Crimes, College of Sharia and Law, United Arab Emirates University, 2000.
- Dr. Fathi Mohamed Ezzat, Modern Era Crimes, Dar Al-Fikr and Law, Mansoura, Egypt, 2010.
- Dr. Fathi Mohamed Anwar Ezzat, Modern Era Crimes, Dar Al-Fikr and Law, Mansoura, 2010.
- Laith Kamal Nasrawin, Saddam Ibrahim Abu Azzam, Principles of Legislative Drafting (Concepts, Methods, Stages), Dar Al-Farqa for Publishing and Distribution, 2nd Edition, Amman, Jordan, 2022.
- Dr. Mamoun Mohamed Salama, The Limits of the Criminal Judge's Authority, 1st Edition, Dar Al-Fikr Al-Arabi, Alexandria, Egypt, 1975.
- Dr. Mohamed Abdel Latif Farag, Contemporary Criminal Policy, 1st Edition, Police Press, Cairo, 2013.
- Dr. Muhammad Shibli Al-Shibli Al-Attoum, Information Technology Crimes The General Theory of Cybercrimes, Dar Al-Farqa for Publishing and Distribution, Amman, Jordan, 2021.
- Muhammad Sharif Ahmed, The Theory of Interpretation of Civil Texts, 1st Edition, Ministry of Endowments and Religious Affairs Press, 1982.
- Dr. Muhammad Ezzat Fadel and Dr. Nawfal Ali Al-Safo, Information Technology Crimes Violating Public Morals, Dar Al-Sanhouri, Baghdad, Iraq, 2017.
- Dr. Mahmoud Naguib Hosny, Islamic Criminal Jurisprudence, Crime, 1st Edition, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2003.
- Dr. Youser Anwar Ali, The Criminal Rule in the General Principles of Criminal Law, 1st Edition, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 1969.
Third: Theses and Dissertations
- Bassem Abdulzaman Majeed Al-Rubaie, The Theory of the Legal Structure of the Penal Text, Ph.D. Thesis, University of Baghdad, Faculty of Law, 2000.
- Muhammad Sharif Muhammad Ahmed, The Theory of Interpretation of Civil Texts, Ph.D. Thesis, Faculty of Law, University of Baghdad, Iraq, 1997.
- Dr. Zahra Kilani, The Structural Role of the Constitutional Judge: A Comparative Study, Ph.D. Thesis, Faculty of Law and Political Science, Abou Baki Belkaid University, Tlemcen, 2019.
Fourth: Research
- Dr. Ahmed Kailan, Abdullah and Maytham Faleh Hussein, The Role of Interpretation in Addressing Legislative Shortcomings, Research Published in the Journal of Law, Faculty of Law, Al-Nahrain University, Iraq, Volume (21), Issue (1), 2019.
- Dr. Emile Jabbar Ashour, Sabreen Jassim Maktouf, The Legal Adaptation of the Crime of Deepfakes: A Comparative Study, Research Published in the Faculty of Law, Maysan University, Maysan Journal for Comparative Legal Studies, Issue (Thirteen), Volume (1), 2025.
- Dr. Hossam Mohamed El-Sayed Mohamed, The Criminal Confrontation of the Phenomenon of Pornographic Revenge, Research Published in the Journal of Legal and Economic Studies, Faculty of Law, Sadat City University, Egypt, Volume (5), Issue (2), 2019.
- Dr. Hussein Abdul Saheb Abdul Karim, Legislative Drafting in Iraqi Criminal Legislation, Research Published in the Journal of Law, Faculty of Law, Al-Mustansiriya University, Sixth Year, Volume (14) - Issue (18) - 2012.
- Dr. Hussein Abd Ali Issa, The Importance of Legislative Drafting of the Penal Code in Adapting Criminal Facts, Research Published in Tikrit Journal of Legal and Political Sciences, University of Tikrit, Iraq, Volume (4), Issue (13), 2012.
- Dr. Haider Adham Abdulhadi, Principles of Legal Drafting, 1st Edition, Dar Al-Hamid for Publishing and Distribution, Amman, 2009.
- Dr. Dilshad Abdel Rahman, Dr. Ahmed Mustafa Ali, The Legislative Void in the Criminal Base, Research Published in Al-Rafidain Journal of Law, Faculty of Law and Politics, Nowruz University, Volume (18), Issue (62), Year, (20), 2018.
- Dr. Saad Jabbar Al-Sudani, Shortcomings in Legislative Drafting (A Comparative Study), Research Published in the Journal of Law, Al-Mustansiriya University, Volume (4), Issue (18), 2012.
- Awwad Hussein Yassin Al-Obaidi, The Iraqi Legislator's Approach to Bridging the Legislative Shortcoming, Research Published in the Journal of Legislation and Justice, Dar Al-Kutub and Documents, Baghdad, Quarterly Journal (April-May-June), Issue (2), 2011.
- Karima Ghadiri, Deepfakes Originated and Its Effects, Research Published in Al-Risala Journal for Media Studies, Algeria, Volume (5), Issue (4), 2021..
- Dr. Mahmoud Mahmoud Mustafa, Modern Trends in the Draft Penal Code in the United Arab Republic, Research Published in the Near East Magazine, Faculty of Law and Economic Sciences, Beirut, Lebanon, 1967.
Fifth: Laws
- Iraqi Penal Code No. (111) of 1969.
- Iraqi Income Tax Law No. (113) of 1982
- The U.S. Penal Code in the State of Texas No. (1213) of 1986, as amended in 2015.
- Saudi Anti-Cybercrime Law No. M/17 of 2017.
- UAE Anti-Rumors and Cybercrime Law No. 34 of 2021.
- Egyptian Anti-Information Technology Crimes Law No. (175) of 2018.
- Iraqi Electronic Signature and Electronic Transactions Law No. 78 of 2012.
- The Iraqi Draft Law on Combating Cybercrime 2019.
Iraqi Anti-Prostitution and Homosexuality Law No. (8) of 1988.